Hammond v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth B. J. Hammond, as administratrix, etc., from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chemung on the 27th day of October, 1909, setting aside a verdict of $16,000 and vacating a judgment in favor of the plaintiff and granting a new trial upon the ground of newly-discovered evidence, and also from an order entered in said clerk’s office on the 9th day of November,…
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Appeal by the plaintiff, Elizabeth B. J. Hammond, as administratrix, etc., from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chemung on the 27th day of October, 1909, setting aside a verdict of $16,000 and vacating a judgment in favor of the plaintiff and granting a new trial upon the ground of newly-discovered evidence, and also from an order entered in said clerk’s office on the 9th day of November, 1909, granting the defendant’s motion for a new trial made upon the minutes, and also an appeal from an order entered on…
1Opinion of the Court
Smith, P. J.:
These orders cannot be sustained upon the ground of misconduct of counsel. The agreement claimed by Scott to be made with the plaintiff’s attorney was an improbable agreement, considering the fact that he was swearing not to the extent of the injuries, but to a fact going to liability alone. In a later affidavit Scott withdrew these charges, and the record shows him wholly unworthy of belief. If the good name of an attorney were to be put in question by such evidence, the reputation of those standing highest in the profession would be very precarious.
nevertheless, we think there…
2Cited by2 opinions
- Shanahan v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1913
- People v. . ShilitanoNew York Court of Appeals · 1916