Walsh v. Matchett
New York Court of Common Pleas
Appeal from special term. Action by Mary A. Walsh against James J. Matchett for damages for personal injuries incurred by falling into a coal hole. Judgment for plaintiff. Plaintiff moved for new trial, which was granted. • Defendant appeals.
1Opinion of the CourtDaly, C. J.
The action was for personal injuries received from falling through a coal hole in the sidewalk, and the plaintiff had a verdict for $1,000, which she evidently deems inadequate, for she has moved to set the verdict aside upon the ground of an alleged irregular communication made to the jury by the trial judge, after the adjournment of the court, and the departure of the plaintiff and her counsel. The communication complained of was an instruction, asked for in due time by the counsel for defendant, but which the judge had overlooked in charging the requests of both sides. The omission was…
2Cases cited3 opinions
- Bunn v. CroulNew York Supreme Court · 1813
- People v. FlackNew York Supreme Court · 1890
- Lippus v. Columbus Watch Co.New York Supreme Court · 1891
3Cited by1 opinion
- People v. SpiegelNew York Court of General Session of the Peace · 1933