Mickee v. Walter A. Wood Mowing & Reaping MacHine Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 8, 1894, which affirmed an order denying a motion for a new trial, reversed a judgment in favor of plaintiff entered upon a verdict, and granted a new trial. This was an action of negligence, in which the jury rendered a verdict for the plaintiff for $5,000. The defendant moved for a new trial upon the judge’s minutes, which was denied.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 8, 1894, which affirmed an order denying a motion for a new trial, reversed a judgment in favor of plaintiff entered upon a verdict, and granted a new trial. This was an action of negligence, in which the jury rendered a verdict for the plaintiff for $5,000. The defendant moved for a new trial upon the judge’s minutes, which was denied. The defendant appealed from the order denying a a new trial and from the judgment entered in favor of the plaintiff upon the verdict.…
1Opinion of the CourtGbay, J.
It is quite clear that the order of the General Term is not appealable. The defendant by its appeal to the General Term was entitled to have that court pass upon the facts and dispose of the appeal from the order denying a new trial upon the minutes. The statement in the order of the General Term, that the reversal was for errors of law only and not for any error of fact, does not show that the court had considered the facts. The case falls within the authority of Harris v. Burdett (73 N. Y. 136); where the appeal to the General Term had been, as in this case, from the order denying a new…
2Cases cited2 opinions
- Harris v. . BurdettNew York Court of Appeals · 1878
- Chapman v. . ComstockNew York Court of Appeals · 1892
3Cited by10 opinions
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- People v. . RedmondNew York Court of Appeals · 1919
- Hoes v. . Edison General Electric Co.New York Court of Appeals · 1896
- Reich v. La Bau DyerNew York Court of Appeals · 1904
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