Legal Opinion

Kamermann v. Eisner & Mendelson Co.

City of New York Municipal Court

Decided December 15, 1898PublishedCited by 1 opinion

Appeal from an order denying a motion to resettle the proposed case and amendments on appeal herein.

1Opinion of the CourtSchuchman, J.

The action is brought to recover damages for personal injury, occasioned to the infant plaintiff, by the carelessness and negligence of the defendant’s servants.

At the trial the plaintiff’s complaint was dismissed; and from such dismissal this appeal is taken.

To the proposed case on appeal thirty-two amendments were proposed, all of which the trial judge allowed, thereby eliminating from the proposed case a large quantity of testimony actually taken, leaving hardly any testimony upon which the appellate court could base any judgment or exercise any judgment.

It is true, that the stenographic…

2Cases cited1 opinion

  1. Foster v. Standard National BankAppellate Terms of the Supreme Court of New York · 1897

3Cited by1 opinion

  1. Jaeger v. KoenigCity of New York Municipal Court · 1899

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API