Reynolds v. Champlain Transportation Co.
New York Supreme Court
Application to set aside the verdict obtained against the defendants in this action for misconduct of plaintiff with the jury, during the trial. The action was for damages for not carrying the plaintiff’s fruit on defendant’s boats, by reason of which it was spoiled and lost.
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Application to set aside the verdict obtained against the defendants in this action for misconduct of plaintiff with the jury, during the trial. The action was for damages for not carrying the plaintiff’s fruit on defendant’s boats, by reason of which it was spoiled and lost. The trial was had at the October circuit, in Washington County, in 1852. It lasted two days, having been commenced on the 27th and finished on the 28th day of that month; and a verdict found for the plaintiff for $154. During the progress of the trial, and at times of recess, and during the night, the jury were allowed…
1Opinion of the Court
C. L. Allen, Justice.
It is objected that the motion should have been noticed for the special term in March, and that it now comes too late.
I think the papers show a sufficient excuse for not making it at that term. The facts were not discovered until the 21st of January, 1853. The plaintiff desired to ground his motion partly upon the case as he had a right to do, which was' not settled until the 22d of February following, too late to engross and prepare a copy with the other papers to serve in time for the first Monday in March, the time for holding the Essex Special Term. The motion was…
2Cases cited6 opinions
- People v. DouglassNew York Supreme Court · 1825
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
- Smith v. ThompsonNew York Supreme Court · 1823
- Horton v. HortonNew York Supreme Court · 1824
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3Cited by8 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Moses v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1893
- Wilkins v. AbbeyNew York Supreme Court · 1938
- Garside v. the Ladd Watch Case Co.Supreme Court of Rhode Island · 1892
- Schrader v. GertnerAppellate Division of the Supreme Court of the State of New York · 1953
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