Lack v. Weber
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, entered in the City Court of the city of ¡New York, and also from an order denying defendant’s motion for a new trial.
1Concurrence
Seabury, J. (concurring).
The part of the charge of the court to which the defendant’s counsel took exception was incorrect. The exception being good the appellant is entitled to a reversal of the judgment. Counsel repeated the erroneous part of the charge in the language of the court, and specifically noted his exception to it. This was all that he was required to do to be able to avail himself of his exception. It was not his fault that the learned trial justice misapprehended the point of the objection and interrupted him in his effort to state more clearly the precise fault objected to. I…
2Cases cited2 opinions
- Goldman v. AbrahamsNew York Court of Common Pleas · 1880
- Lindheim v. DuysThe Superior Court of New York City · 1895