Legal Opinion

Hildreth v. . City of Troy

New York Court of Appeals

Decided January 19, 1886PublishedCited by 44 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 20, 1888, which affirmed a judgment in favor of plaintiff entered .upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The trial judge erred in excluding, from the jurors drawn for said trial, jurors who at the time resided in Troy.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 20, 1888, which affirmed a judgment in favor of plaintiff entered .upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The trial judge erred in excluding, from the jurors drawn for said trial, jurors who at the time resided in Troy. (Laws 1816, chap. 1, § 16; Laws 1870, chap. 598; Laws 1873, chap. 427; Code of Civ. Pro., § 1180 ; State of Missouri v. Rome, 54 Mo. 453.)…

1Opinion of the CourtAndrews, J.

This action was brought to recover for injuries sustained by the plaintiff from the negligence of the defendant in failing to keep Congress street in the city of Troy in safe condition for travel, and resulted in a verdict for the plaintiff for $1,800. It appears that upon the impanel ing of the jury, the plaintiff “ excused ” eight jurors drawn from the regular panel, residents of the city of Troy, upon the ground that they were interested in the result of the action, to which proceeding the city attorney objected on the ground that residents and tax payers of the city are not disqualified…

2Cases cited3 opinions

  1. the People v. Ransom.New York Supreme Court · 1831
  2. Ferris v. . the PeopleNew York Court of Appeals · 1866
  3. Friery v. PeopleNew York Court of Appeals · 1866

3Cited by44 opinions

  1. People v. . McQuadeNew York Court of Appeals · 1888
  2. People v. NakisCalifornia Supreme Court · 1920
  3. Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
  4. People v. . DeckerNew York Court of Appeals · 1898
  5. People v. IveryAppellate Division of the Supreme Court of the State of New York · 1983

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