Corley v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from, special term, New York county. Action by Martin Corley, an infant, by Walter Duncan, his guardian ad litem, against the New York & Harlem Railroad Company, to recover for personal injuries. From an order denying a motion for a new trial, on the ground of newly-discovered evidence, surprise, and that the trial had resulted in an injustice, defendant appeals.
1DissentIngraham, J.
I do not think this order can be reversed without violating the settled rules which have always governed the disposition of applications of this character. On the trial of the action, the defendant was represented by competent counsel, who cross-examined the witnesses produced by the plaintiff, and the question as to the credibility of their testimony was presented to, and passed upon by, the jury. The defendant asks to-have their verdict set aside, and a new trial granted, because several of the witnesses who testified in favor of the plaintiff at the trial have since made affidavits which…
2Cases cited2 opinions
- Brooks v. Rochester Railway Co.New York Supreme Court · 1894
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1891