Morrison v. New York & New Haven Rail Road
New York Supreme Court
APPEAL by the defendant from a judgment given at the circuit, on a trial before Justice BaLOom and a jury. The action was case for negligence, for carelessly and negligently running over and killing a mare of the plaintiff. So much of the case as is necessary to ah understanding of the questions considered is stated in the opinion.
1Opinion of the Court
By the Court,
Allen, J.
The defendant appeals directly from the judgment rendered at the circuit, upon a hill of exceptions annexed to and making a part of the record. It is claimed and objected that a trial by jury can only be reviewed upon á motion for a new trial made in the first instance at a special term, except when ordered to be heard in the first instance at the general term, tinder the provisions of section 265 of the code of procedure. It was said that a motion for a new trial upon the merits and upon the ground of newly found evidence had been made at special term and granted upon…
2Cases cited2 opinions
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Poler v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
3Cited by9 opinions
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Standard Oil Co. v. Gilbert & Co.Supreme Court of Georgia · 1890
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- Ward v. Central Park, North & East River RailroadThe Superior Court of New York City · 1870
- Broughton v. MitchellNew York Supreme Court · 1865
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