Walsh v. Matchett
New York Court of Common Pleas
Appeal from special term. Action by Mary A. Walsh against James J. Matchett for damages for personal injuries incurred by falling into a coal hole. Judgment for plaintiff. Plaintiff moved for new trial, which was granted. • Defendant appeals.
1Dissent
BISCHOFF, J.,
(dissenting.) This action was one to recover damages for injuries sustained through defendant’s alleged negligence, and was, therefore, one in which the parties were of right entitled to a trial by jury. The Code of Civil Procedure (section 976) provides that an issue of fact, triable by a jury, must be tried at a term held by one judge only. Obviously this requires the trial to proceed at a term of the court. The court is “an organized body, with defined powers, meeting at certain times and places *45for the hearing and decision of causes and other matters brought before it, and…
2Cases cited11 opinions
- In re GannonCalifornia Supreme Court · 1886
- People ex rel. Choate v. BarrettNew York Supreme Court · 1890
- The People v. . FancherNew York Court of Appeals · 1872
- Wiggins v. DownerNew York Supreme Court · 1884
- Greenwood v. BradfordMassachusetts Supreme Judicial Court · 1880
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