McMahon v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and' Western Railroad Company, 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 Broome on the 1st day of October, 1906, denying the defendant’s motion to amend the stenographer’s minutes and the case and exceptions on appeal herein.
1Opinion of the Court
Kellogg, J.:
The case on appeal was agreed upon by- counsel and presented by them to the justice who presided at the trial, who was then con-' fined at his home in his last sickness. He signed the order settling the case pursuant to such agreement. Shortly after the justice-died. The case had been prepared pursuant to the stenographer’s minutes by a clerk in the office of the defendant’s attorneys. When the'attorney who'tried the case examined it he for the first time discovered the alleged error, and this motion w.as promptly made at Special Term.
The plaintiff, while in the employ of the…
2Cases cited2 opinions
- Zimmer v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Marjulies v. GoldsteinAppellate Terms of the Supreme Court of New York · 1903
3Cited by2 opinions
- Jenkins v. BishopAppellate Division of the Supreme Court of the State of New York · 1909
- McMahon v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1907