Castle v. Duryea
New York Supreme Court
"’JJ the month of July, 1855, the 7th regiment of the U. T. .1 state militia, commanded by the defendant as colonel, was duly encamped, pursuant to official orders, near the village of Kingston, for several days.
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"’JJ the month of July, 1855, the 7th regiment of the U. T. .1 state militia, commanded by the defendant as colonel, was duly encamped, pursuant to official orders, near the village of Kingston, for several days. On the 13th day of the month, Mary Ann Oastle, the plaintiff, visited the camp ground, and was sitting, with her infant child in her arms in front of the regiment, in the midst of some 2000 spectators, at a place selected by the guard or other members of the regiment for visitors. This was on the north side of the parade ground where most of the spectators were collected. In the…
1Opinion of the Court
By the Court,
Hogeboom, J.
Inasmuch as no motion for a new trial has been made upon the judge’s minutes, or at the special term upon the weight of evidence, or for excessive damages, but the case has been ordered to be heard in the first instance at the general term, we are restricted to the examination of exceptions. And of these none appear to have been taken to the admission or rejection of evidence. We must look, therefore, to the decision of the judge upon the motion for a nonsuit, and upon the charge and refusals to charge.
The defendant moved for a nonsuit on two grounds. 1. On the ground…
2Cited by6 opinions
- Clemence v. . City of AuburnNew York Court of Appeals · 1876
- Travell v. BannermanAppellate Division of the Supreme Court of the State of New York · 1902
- Lannen v. Albany Gas Light Co.New York Supreme Court · 1865
- Ansonia Brass & Copper Co. v. PrattNew York Supreme Court · 1877
- Losee v. Saratoga Paper Co.New York Supreme Court · 1866
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