Finan v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hew York Central and Hudson Biver Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 16th day of December, 1904, upon the verdict of a jury for $10,000, and also from two orders entered in said clerk’s office on the 16th day of December, 1904, respectively . denying the defendant’s motion for a new trial made upon the minutes and granting the…
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Appeal by the defendant, The Hew York Central and Hudson Biver Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 16th day of December, 1904, upon the verdict of a jury for $10,000, and also from two orders entered in said clerk’s office on the 16th day of December, 1904, respectively . denying the defendant’s motion for a new trial made upon the minutes and granting the plaintiff’s motion for an extra allowance. The action was for damages for personal injuries. The plaintiff J claimed that the…
1Opinion of the Court
Gaynor, J.:. The chief grievance of the appellant lies in the assertion of its counsel in a separate point in his.brief, “That the trial was so conducted as not to give the appellant a full and fair trial.” And this is elaborated as follows: “ The court repeatedly, by comment and interjections, construes the evidence, modifies its meaning, tries the plaintiff’s case, keeps out dangerous evidence, hampers the defense and shows the jury plainly the Court’s view of the verdict to be rendered.”
The main fault the learned counsel finds with the trial judge is with his rulings and admonitions in…
2Cases cited2 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
3Cited by3 opinions
- Colligan v. City of New YorkNew York Supreme Court · 1914
- People v. BilanchukNew York Supreme Court · 1951
- Stahl v. StahlNew York Supreme Court · 1960