Nichols v. New York & Pennsylvania Telephone & Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mew York and Pennsylvania Telephone and Telegraph Company, from a judgment of the County Court of Steuben county, in favor of the plaintiff entered in the office of the clerk of said county on the 24th day of October, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, Mew York and Pennsylvania Telephone and Telegraph Company, from a judgment of the County Court of Steuben county, in favor of the plaintiff entered in the office of the clerk of said county on the 24th day of October, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes. The action is brought to recover damages for the cutting of plaintiff’s shade trees. The defendant claims that right under an instrument in writing executed by the…
1Opinion of the Court
Kruse, J.:
The defendant gave no evidence upon the trial, but rested upon the case made by the plaintiff. It challenges the sufficiency of the evidence to award any verdict against it, and also contends that evidence was admitted against its objection and exception, which constitutes error so prejudicial to it as to require the reversal of the judgment entered upon the verdict. We are of the opinion that the evidence sustains the verdict, and that even if some of the evidence was incompetent, it may be disregarded as harmless, and the judgment upheld.
As appears by the answer of the defendant,…
2Cases cited4 opinions
- Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
- Barber v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Dexter v. . BeardNew York Court of Appeals · 1892
- Evans v. Keystone Gas Co.New York Supreme Court · 1893
3Cited by5 opinions
- Van Allen v. Town of KinderhookNew York Supreme Court · 1965
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- Stevens v. StateNew York Court of Claims · 1959
- Marino v. LorchAppellate Terms of the Supreme Court of New York · 2003
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914