Bohlen v. Metropolitan Elevated Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Henry Bohlen against the Metropolitan Elevated Bailway Company and the Manhattan Bailway Company. The special term, after judgment, made an order amending a finding of the judge, who tried the case without a jury, and defendants appeal.
1Opinion of the CourtDugro, J.
The general term of this court recently held in Pappenheim v. Railway Co., 7 N. Y. Supp. 679, that findings of fact such as appear in the decision of this case are in irreconcilable conflict. Adopting this as a proper conclusion, it seems that it is impossible, from the record before us, to say *425which of the conflicting findings is correct. The error sought to be remedied by the order appealed from is therefore judicial, and cannot be corrected after judgment upon a motion made at a term other than that at which the judgment was rendered. Rockwell v. Carpenter, 25 Hun, 529; McLean v. Stewart,…
2Cases cited1 opinion
- Pappenheim v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1889