Miller v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John King and John G. McCullough, as receivers of The New York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Orange county on the 5th day of February, 1898, upon the verdict of a jury for $500 rendered after a trial at the Orange Trial Term, and also from an order entered in said clerk’s office on the 5th day of March, 1898, setting aside the verdict and…
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Appeal by the defendants, John King and John G. McCullough, as receivers of The New York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Orange county on the 5th day of February, 1898, upon the verdict of a jury for $500 rendered after a trial at the Orange Trial Term, and also from an order entered in said clerk’s office on the 5th day of March, 1898, setting aside the verdict and granting a new trial, unless the plaintiff stipulates to reduce the verdict to .the sum of fifty dollars, in which…
1Opinion of the Court
Per Curiam :
This case has been tried upon the theory approved by the Appellate Division on the second appeal. (Miller v. King, 21 App. Div. 192.) Unfortunately, however, an error has been committed in the exclusion of evidence offered by the defendants upon the question of damages which compels us to reverse the judgment.. It will be remembered that the contract of the defendant was to furnish the plaintiff with railroad transportation from Middletown to Sparrow-bush, whereas they left him at Port Jervis, a place some three miles distant from his destination. The defendants called as…
2Cases cited1 opinion
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Rose v. KingAppellate Division of the Supreme Court of the State of New York · 1902
- Harrison v. Pennsylvania R.New York County Court, Cattaraugus County · 1909