Fishblatt v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the Court
Peb Cubiam.
In the course of his summing up, plaintiff’s counsel repeatedly indulged in remarks which clearly tended to arouse the prejudice of the jury against the defendant. Notwithstanding the objection of defendant’s counsel and the caution of the court, plaintiff’s counsel persisted in charges and accusations in nowise supported by the evidence. The sole purpose of the impassioned appeal to the jury w.as to create a bias and we cannot say that that purpose was not accomplished. Upon three separate occasions the defendant’s counsel moved that a mistrial be declared. In each instance the…
2Cases cited3 opinions
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- Benoit v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Kuperschmidt v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905