Davis v. Rome, Watertown & Ogdensburgh Railroad
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Edgar C. Davis against the Borne, Watertown & Ogdensburgh Bailroad Company. Verdict for plaintiff. Motion for new trial denied. Defendant appeals.
1Opinion of the CourtMartin, J.
This action was to recover for services performed for the defendant by the plaintiff as a conductor on one of its trains. The defense was that the plaintiff was guilty of siich flagrant acts of dishonesty or crime in embezzling the funds of the defendant as to bar his right of recovery. The case was tried, and submitted to the jury, upon that issue. In submitting the case to the jury the court charged as follows: “In addition to that, he has the presumption of law in his favor; and in this case the presumption goes something further than what I have had occasion to say to you in other cases,…
2Cases cited8 opinions
- People v. . BriggsNew York Court of Appeals · 1889
- Stearns v. . FieldNew York Court of Appeals · 1882
- New York and Brooklyn Ferry Company v. . MooreNew York Court of Appeals · 1886
- New York Guaranty & Indemnity Co. v. GleasonNew York Court of Appeals · 1879
- Woodbeck v. KellerNew York Supreme Court · 1826
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3Cited by3 opinions
- In re LeslieDistrict Court, N.D. New York · 1903
- Fowler v. WallaceIndiana Supreme Court · 1892
- Kaplan v. LiebermanAppellate Terms of the Supreme Court of New York · 1913