Karch v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Nassau Electric Railroad Company,from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, rendered on the 11th day of January, 1907.
1Opinion of the Court
Jenks, J.:
The action is brought in the Municipal Court for loss of services of a wife consequent upon injuries suffered by her when a'passenger in a car of the defendant. On the return day of thé summons' the plaintiff demanded a jury trial and a venire was issued. When the case came on for trial the defendant challenged the venire and the jurors drawn. The challenge was sustained, under exception by the plaintiff, who thereupon said that he would try the cause without a jury. The defendant declined to proceed without a proper jury. The plaintiff, objected that the defendant could not demand…
2Cases cited1 opinion
- Sherwood v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1904
3Cited by2 opinions
- State v. Rosecliff Realty Co.New Jersey Superior Court Appellate Division · 1948
- Ebling Brewing Co. v. NimphiusAppellate Terms of the Supreme Court of New York · 1908