Pease v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pennsylvania Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county, of Monroe on the 23d day of January, 1909, upon the verdict of a jury for $10,000. Also an appeal by the said defendant from an order entered in said clerk’s office on the 7tli day of December, 1909, denying the defendant’s motion for a new trial on the ground of newly-discovered evidence.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with separate bills of costs on the two appeals, except that the' costs of making amendments to case and exceptions should be charged but once.
*459First. The action was for negligence. A verdict was rendered for $10,000. ' The clerk’s minutes and the case and exceptions and the judgment state that a motion for a new trial under section 999 of the Code, upon the minutes, was made and denied, but no formal order to that effect appears in the record, and no notice of appeal from such order.
The appeal is from the judgment alone and, therefore,…
2Cases cited4 opinions
- Syms v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Davis v. Grand Rapids Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Harris v. GreggAppellate Division of the Supreme Court of the State of New York · 1896
- Streep v. McLoughlinAppellate Terms of the Supreme Court of New York · 1901
3Cited by1 opinion
- Pease v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1910