Legal Opinion

Caldwell v. . Murphy

New York Court of Appeals

Decided September 5, 1854PublishedCited by 37 opinions

Appeal from the judgment of the superior court of the city of New-York. The action in the court below was for negligence in the driving of a stage or omnibus alleged to belong to the defendants, and to* be driven by their servant, on one of the avenues of the city, by means of which the plaintiff, who was a passenger, was injured, the stage having been overturned.

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Appeal from the judgment of the superior court of the city of New-York. The action in the court below was for negligence in the driving of a stage or omnibus alleged to belong to the defendants, and to* be driven by their servant, on one of the avenues of the city, by means of which the plaintiff, who was a passenger, was injured, the stage having been overturned. The complaint contained also a claim for damages on account of the death of a child of the plaintiff, who accompanied him, and was, as alleged, killed by the same upsetting of the stage. In the progress of the trial, the judge ruled…

1Opinion of the CourtDenio, J.

Hone of the points arising out of supposed errors committed by the judge in his charge can be sustained, for the reason that no sufficient exceptions were taken. The charge is set out at length, covering the whole case and occupying several printed pages, and many portions of it being favorable to the defendant, are not objected to. The exception is at the- end, and is “ to each and every part” of the charge. This has so often been held insufficient, that no further remark respecting it is now necessary. (Jones v. Osgood, 2 Selden, 233.)

It is assumed by the defendant’s counsel, that the judge…

2Cited by37 opinions

  1. Davidson v. . CornellNew York Court of Appeals · 1892
  2. Beaver v. TaylorSupreme Court of the United States · 1876
  3. State v. StaleySupreme Court of Minnesota · 1869
  4. McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
  5. Graves v. ThomasIndiana Supreme Court · 1884

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