Hynds v. Shultz
New York Supreme Court
OTION for a new trial on exceptions, ordered to be heard in the first instance at the general term. Two actions were commenced, to recover damages of the defendant, Tobias Warner, and Jedediah Miller, since deceased. The first was tried before a referee, who repotted in favor of the plaintiff. The judgment entered on this report was reversed on appeal.
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OTION for a new trial on exceptions, ordered to be heard in the first instance at the general term. Two actions were commenced, to recover damages of the defendant, Tobias Warner, and Jedediah Miller, since deceased. The first was tried before a referee, who repotted in favor of the plaintiff. The judgment entered on this report was reversed on appeal. The actions were afterwards consolidated, by stipulation, and -tried before Justice Wright and a jury, at the Schoharie circuit, wheh a Verdict was rendered in favor of the defendants. The defendant Miller di$d after the first trial, and the…
1Opinion of the Court
*604 By the Court,
Miller, J.
This case arises 'upon exceptions ordered to be heard in the first instance at the general term, and no question therefore as to the weight of the evidence can he made or considered. I think the justice properly excluded the question put to the witness Hynds requesting him to look at a copy of the memorandum he had made, and state the width of the flush hoards. The witness had already testified to the width of the flush boards, from the copy memorandum, and even if the question had been originally proper, I see no necessity for its' repetition.
I am inclined to think…
2Cited by3 opinions
- Lammott v. EwersIndiana Supreme Court · 1886
- Irving v. ClaggettNew York Supreme Court · 1890
- Philbin v. PatrickNew York Court of Appeals · 1868