Doherty v. Lord
New York Court of Common Pleas
Appeal from city court, general term. Action by John Doherty against Samuel Lord, Jr., and others, to recover damages for personal injuries sustained by a collision with defendants’ truck, alleged to have been at the time of the collision in the custody and control of defendants’ driver, who carelessly and negligently drove it. From a judgment of the city court (25 27. Y. Supp. 752) affirming a judgment entered on a verdict in favor of plaintiff, defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
The trial court properly rejected the juror to whose exclusion from service defendants’ counsel excepted. The juror alluded to admitted that he had conceived a prejudice against plaintiffs generally in actions to recover damages for personal injuries, from the fact that he had been a defendant in such an action, and that only “strong evidence would induce him to find in plaintiff’s favor.” This we understand to mean that the juror had actual bias against plaintiff, which would prevent him from finding a verdict against defendants upon a mere preponderance of the evidence, and that, to…
2Cases cited21 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Queen v. HepburnSupreme Court of the United States · 1813
- Gall v. . GallNew York Court of Appeals · 1889
- Freeman v. PeopleNew York Supreme Court · 1847
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
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3Cited by8 opinions
- Houston v. Co.Oregon Supreme Court · 1917
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1912
- Dennis v. TishmanNew York Supreme Court · 1931
- Reens v. Mail & Exp. Pub. Co.New York Court of Common Pleas · 1894
- Hertz v. MinzesheimerNew York Court of Common Pleas · 1895
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