Sohman v. Metropolitan Street Railway Co.
City of New York Municipal Court
Action by Ignatz Sohman against the Metropolitan Street Railway Company. Verdict for plaintiff, and defendant moves to set the same aside. Motion denied.
1Opinion of the CourtWadhams, J.
The amendment of the complaint by increasing the amount of damages claimed was granted at the close of the case after all the evidence was before the court. The argument was made in the absence of the jury, which had left the courtroom by direction of the presiding justice, and in accordance with his instructions no mention was made of the granting of such motion by counsel in summing up to the jury. Counsel for defendant pleaded surprise, and requested that a juror be withdrawn, and urged that the motion should be made at Special Term.
There could not be and there was no surprise on the part…
2Cases cited17 opinions
- La Chicotte v. Richmond Railway & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Zimmer v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Rhodes v. LewinAppellate Division of the Supreme Court of the State of New York · 1898
- Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1904
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3Cited by3 opinions
- Sanguinetti v. Moore Dry Dock Co.California Supreme Court · 1951
- Sanguinetti v. Moore Dry Dock Co.California Supreme Court · 1951
- Sanguinetti v. Moore Dry Dock Co.California Supreme Court · 1951