Legal Opinion

Brooks v. Rochester Railway Co.

New York Supreme Court

Decided October 15, 1894PublishedCited by 8 opinions

Motion by the defendant for a new trial upon the judge’s minutes after a verdict for the plaintiff at the Circuit, and also a motion by the defendant for a new trial upon affidavits.

1Opinion of the CourtRumsey, J.

These two motions, although made and argued at different times, were finally submitted at the same time, and, for convenience, they will be considered together. The case is one which has interested me very considerably, not only on account of its peculiarities, but because of the earnestness with which the positions of the defendant have been presented upon these two motions.

The motion for a new trial upon the minutes is made solely upon certain of the exceptions, which will be considered in the order in which, they are presented.

In the first place, it is claimed that the court erred in…

2Cases cited4 opinions

  1. Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
  2. Linsday v. . People of the State of N.Y.New York Court of Appeals · 1875
  3. Holmes v. . MoffatNew York Court of Appeals · 1890
  4. Linsday v. PeopleNew York Supreme Court · 1875

3Cited by8 opinions

  1. Guth v. BellSupreme Court of Iowa · 1911
  2. Johnson v. RuleSupreme Court of Vermont · 1933
  3. Chevron Corp. v. DonzigerDistrict Court, S.D. New York · 2012
  4. Corley v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  5. Curran v. HargreavesAppellate Division of the Supreme Court of the State of New York · 1937

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