McLaughlin v. O'Toole
New York Court of Common Pleas
Appeal from eleventh district court. Action by James McLaughlin against James O’Toole. Judgment for plaintiff. Defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The action having been tried before the justice below without a jury, his determination of the facts, except in the case of palpable injustice, is conclusive upon appeal. Weiss v. Strauss, (Com. Pl. N. Y.) 14 N. Y. Supp. 776. An examination of the testimony adduced on the trial discloses ample evidence to support plaintiff’s recovery, and we are unable to say that the justice erred in accepting the facts sworn to by plaintiff and his witnesses as against the denial of them for the defense. Some of the evidence introduced for plaintiff ought unquestionably to have been excluded under proper…
2Cases cited14 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
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3Cited by1 opinion
- Jones v. PalumboNew York Court of Common Pleas · 1895