Jackson v. Odell
New York Court of Common Pleas
Appeal from a judgment of this court entered upon a verdict of a jury, and from an order denying a motion for a new trial. • The action was brought in the district court in the city of Uew York for the sixth judicial district, to recover rent alleged to be due under a lease. The defendant in his answer-set up a counter-claim for damages arising from the unhealthy and untenantable condition of the demised premises. The facts are stated in the opinion.
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Appeal from a judgment of this court entered upon a verdict of a jury, and from an order denying a motion for a new trial. • The action was brought in the district court in the city of Uew York for the sixth judicial district, to recover rent alleged to be due under a lease. The defendant in his answer-set up a counter-claim for damages arising from the unhealthy and untenantable condition of the demised premises. The facts are stated in the opinion. The action was removed to this court. At the trial, the jury found a verdict for the defendant for damages. A motion by the plaintiff for a new…
1Opinion of the CourtVan Hoesen, J.
In Thompson’s Monograph on Charging the Jury, it is said that it is error for the judge to submit to the jury a fact, or state of facts, which there is no evidence tending to prove, or to give an instruction with reference to a state of facts not in evidence. Though the author refers to no case decided by the courts of this state, he might have cited Storey v. Brennan (15 N. Y. 524) and Rouse v. Lewis (2 Keyes, 352).
In this case, the judge gave to the jury two instructions for which the evidence gave no warrant, and they were both of a character likely to prejudice the plaintiff. The first…
2Cases cited2 opinions
- Storey v. . BrennanNew York Court of Appeals · 1857
- Rouse v. LewisNew York Court of Appeals · 1866
3Cited by3 opinions
- Lahtinen v. Continental Building Co.Supreme Court of Missouri · 1936
- Sully v. SchmittSuperior Court of Buffalo · 1890
- Sully v. SchmittThe Superior Court of New York City · 1890