Beyer v. Clark
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Emma Beyer, by her guardian ad litem, against Thomas B. Clark for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals. Reversed.
1Opinion of the CourtSedgwick, C. J.
A feature of this case is that there were m> exceptions taken upon the trial. A motion for a new trial was made, because the verdict was contrary to the evidence, and against the weight of evidence, and contrary to law. There are cases in this court which hold that, if during the trial the appellant has not *656asked a ruling or direction of the court in respect of matters which may be the ground of a motion for a new trial, then he is deemed to have waived such matters, and the motion for a new trial should be denied. But an appellant is then not without a remedy. The general term has the power…
2Cited by2 opinions
- Hopkins v. ClarkNew York Court of Common Pleas · 1895
- Saltzman v. NorthropCity of New York Municipal Court · 1896