Davison v. Herring
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred W. Herring, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 28th day of December, 1897, upon the verdict of a jury for $784.66, and also from an order bearing date the 27th day of January, 1897, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Fred W. Herring, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 28th day of December, 1897, upon the verdict of a jury for $784.66, and also from an order bearing date the 27th day of January, 1897, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced in April, 1896, and tried the following January. The complaint alleged that on the 26th of October, 1895, the defendant, at the city of Watertown, conspiring…
1Opinion of the Court
Ward, J.:
Upon the trial the learned trial judge made certain remarks and statements in the presence of the jury that the appellant urges here influenced the result unfavorably to him, and constituted such error as should lead to a reversal of the judgment and order appealed from. The plaintiff had been testifying for some time, giving her version of the case, when her attention was called to an article that was published in a paper in Watertown, the effect of which was to exonerate the defendant from blame and to contradict the plaintiff’s version of the transactions with the defendant which…
2Cases cited5 opinions
- Roberts v. . TobiasNew York Court of Appeals · 1890
- Benedict v. JohnsonNew York Supreme Court · 1869
- Hynes v. McDermottNew York Court of Common Pleas · 1879
- Davis v. MarvineAppellate Division of the Supreme Court of the State of New York · 1896
- Jennings v. KosmakAppellate Terms of the Supreme Court of New York · 1897
3Cited by6 opinions
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1899
- Stiasny v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- In re Proving the Last Will and Testament of Daniel SmallAppellate Division of the Supreme Court of the State of New York · 1907
- McGloin v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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