New York & New Jersey Ice Lines v. Howell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New York and New Jersey lee Lines, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of May, 1897, granting the defendant’s motion to set aside the verdict of a jury rendered in favor of the plaintiff on the 17th day of May, 1896, and granting a new trial of the action.
1Per curiam
Upon an examination of the record in this case it appears that the .trial brief of the plaintiff’s counsel got into the jury room, together with the exhibits in the action, entirely without the knowledge of the counsel and purely by accident. It further appears from the affidavits of the jurors that none of them either read it or were acquainted with its contents, and that, therefore, it could not have had any influence upon their verdict.
The case of O’Brien v. The Merchants’ Fire Ins. Co. (38 N. Y. Super. Ct. 482) is cited by the counsel for the respondent as a case practically on all fours…
2Cited by1 opinion
- Guntzer v. HealyAppellate Division of the Supreme Court of the State of New York · 1917