Smith v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1914, affirming a determination of the Board of Claims in favor of the claimant. The nature of. the claim and the facts, so far as material, are stated in the opinion. The decision was made by a commissioner who took no part in the trial and was not a member of the Board of Claims at the time of the trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1914, affirming a determination of the Board of Claims in favor of the claimant. The nature of. the claim and the facts, so far as material, are stated in the opinion. The decision was made by a commissioner who took no part in the trial and was not a member of the Board of Claims at the time of the trial. It is well settled that a case cannot he tried by one judge and decided by another. (Belmont v. Ponvert, 3 Robt. 693, 696.) The court which tried the case is required…
1Dissent
Hiscock, J. (dissenting).
This proceeding was instituted to recover damages for the death of plaintiff’s intestate claimed to have been caused by the negligence of the state. Thus far she has sustained a determination in her favor on the theory that by legal findings, proper in form, sufficient in substance and supported by necessary evidence, it has been established that her intestate met his death as the result of the negligence of the defendant and without' any negligence on his part. It seems to me that this theory-is confronted by difficulties which it cannot survive.
There are no findings…
2Cases cited5 opinions
- Smith v. . GeigerNew York Court of Appeals · 1911
- Maicas v. . LeonyNew York Court of Appeals · 1889
- Ostrander v. . State of New YorkNew York Court of Appeals · 1908
- Heerdegen v. LoreckAppellate Division of the Supreme Court of the State of New York · 1897
- Lecocq v. PottierNew York Supreme Court · 1892