Carr v. Hills Archimedean Lawn Mower Co.
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The facts are stated in the opinion and in the report of the decision upon a former appeal in the same case (see 12 Daly 332).
1Opinion of the Court
Charles P. Daly, Chief Justice.—This
case is distinguishable from the case on which the appellant relies, of Wolstenholme v. The Wolstenholme File Manufacturing Co. (64 N. Y. 272), which was an appeal to the Court of Appeals, from an inferior court, in which it was held, that in an action for damages, judgment could not be affirmed for one item and a new trial ordered as to another, the reason given being that if that were permitted upon such appeals to the Court of Appeals different parts of the same cause might be separated, one part being in the court of original jurisdiction, and the other…
2Cases cited3 opinions
- Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
- Tillotson v. CheethamNew York Supreme Court · 1808
- Wolstenholme v. Wolstenholme File Manufacturing Co.New York Court of Appeals · 1876