Abelein v. Porter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Abelein, as administratrix, etc., of Charles Hausman, deceased, from a judgment of the Supreme Court in favor of the defendant Louis D. Porter, entered in the office of the clerk of the county of Onondaga on the 29th day of March, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of April, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Margaret Abelein, as administratrix, etc., of Charles Hausman, deceased, from a judgment of the Supreme Court in favor of the defendant Louis D. Porter, entered in the office of the clerk of the county of Onondaga on the 29th day of March, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of April, 1899, denying the plaintiff’s motion for a new trial made upon the minutes. This action is brought to recover damages claimed to have been sustained by the next of kin of one Charles Hausman, deceased, whose death it is…
1Opinion of the Court
Adams, J.:
Upon the trial the defendant was permitted to testify to the entire transaction between himself and the plaintiff’s intestate from the time, the latter was first discovered with the lead pipe in his possession until he was drowned, and in the course of his testimony the defendant not only denied kicking the boy, but detailed his conversation with him and all that was said and done. This class of evidence was duly objected to as incompetent under section 829 of the Code of Civil Procedure, but the objection was overruled, to which ruling an exception was taken. Subsequently a motion…
2Cases cited12 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
- Quin v. . MooreNew York Court of Appeals · 1857
- Sherlock v. AllingIndiana Supreme Court · 1873
- Martin v. . HillenNew York Court of Appeals · 1894
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3Cited by6 opinions
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- Lawrence's Adm'r. v. HydeWest Virginia Supreme Court · 1916
- McCarthy v. WoolstonAppellate Division of the Supreme Court of the State of New York · 1924
- Minns v. CrossmanNew York Supreme Court · 1922
- Hawkins, Admr. v. RyeMississippi Supreme Court · 1958
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