Roseberry v. Nixon
New York Supreme Court
Appeal from circuit court, New York county. Action by Andrew Roseberry against.Kate M. H. Nixon. From a judgment for plaintiff entered on a verdict, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This appellant claims a reversal of this judgment upon two grounds: First, because the court refused to direct a verdict; and, second, because of some remarks which the court made in submitting the case to the jury. The last objection is clearly untenable, because the judge expressly told the jury to disregard what he had said to counsel, and that which is objected to formed no part of his instructions to the jury.
The court was right in refusing a direction. It is undoubtedly true that the general rule is that where a witness testifies distinctly and positively to a fact, and is…
2Cases cited1 opinion
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
3Cited by9 opinions
- Sonnentheil v. Christian Moerlein Brewing Co.Supreme Court of the United States · 1899
- Poole v. First Nat. Bank of SmyrnaCourt of Appeals of Tennessee · 1946
- Norris v. JonesNew York Supreme Court · 1893
- Wilcox v. SelleckNew York Supreme Court · 1895
- Burt v. Oneida Community, Ltd.New York Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.