Black v. Camden & Amboy Railroad & Transportation Co.
New York Supreme Court
THIS action was to recover damages on a lot of cattle, 84 in number, delivered' to the defendants to be carried from Philadelphia to Hew York, which it is alleged were injured by the negligence of the employees of the defendants.
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THIS action was to recover damages on a lot of cattle, 84 in number, delivered' to the defendants to be carried from Philadelphia to Hew York, which it is alleged were injured by the negligence of the employees of the defendants. The jury found a verdict in favor of the plaintiff, for #906.22. A new trial was asked for by the defendants, on various exceptions taken during the trial, and to the judge’s charge, and on an appeal from an order of the judge denying a motion for a new trial on the facts.
1Opinion of the Court
By the Court, Ingraham, P. J.
1. The first exception taken was to the admission of evidence of the weight of a lot of cattle weighed for the plaintiff, which numbered 99, at Union Drove yards. Although at the time the deposition was read there was no evidence to show that it was the same' lot of cattle delivered by the plaintiff, there was afterwards evidence in the case sufficient to warrant submitting the evidence to the jury. It is no error to admit testimony irrelevant at the time, if it is afterwards made pertinent by other testimony. But even if it was irrelevant it could not have…
2Cases cited4 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Walrath v. Redfield.New York Court of Appeals · 1858
- Richmond v. BronsonNew York Supreme Court · 1847
- Lakeman v. GrinnellThe Superior Court of New York City · 1859
3Cited by4 opinions
- Waynesville Nat. Bank v. IronsUnited States Circuit Court · 1881
- Uhe v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Wehle v. HavilandNew York Court of Common Pleas · 1872
- Guiterman v. Liverpool, New York & Philadelphia Mail Steamship Co.New York Court of Common Pleas · 1879