Gray v. Durland

(dissenting.) The defendant upon affidavits, a case and exceptions, appeals from an order made at special term, denying a new trial for the admission of improper evidence, for a refusal to nonsuit, and an erroneous charge, and for a refusal to set aside the verdict as being against the weight of evidence, and on the ground of surprise..

*2121. I think there was no error in allowing the plaintiff to prove of whom her family consisted. 11 was one of the circumstances of the case—might throw light upon its history— was connected with the main fact of confinement and loss of service, might in some…