Peck v. Hiler
New York Supreme Court
APPEAL by the defendant from an order made at a special term, denying a motion for a new" trial, on a case and affidavits, on the grounds of surprise and newly discovered evidence. The material facts will be found in the opinion of the court. The action has been twice tried. On the first trial the plaintiff recovered a judgment, which, upon a case made, was set aside, and a new trial ordered. {Se'e 2éBarb. 119, S. C.)
1Opinion of the Court
By the Court, Lott, P. J.
This case was tried before one of the justices of this court, without a jury, on the 25th day of October, 1858. On the trial it became a material inquiry whether the acts of the plaintiff in the tearing up and removal of some rails from a rail road, claimed by the defendant to form a part of certain premises demised to him by the plaintiff, constituted a partial eviction. The plaintiff, to avoid the effect of those acts, introduced evidence tending to show that the road had become useless, and that the defendant himself had previously taken up and removed a portion of…
2Cases cited2 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Fleming v. HollenbackNew York Supreme Court · 1849
3Cited by7 opinions
- Lawrence v. . ElyNew York Court of Appeals · 1868
- Weaver v. ScriptureNew York Supreme Court · 1925
- Born v. SchrenkeisenThe Superior Court of New York City · 1885
- People v. LeightonNew York Supreme Court · 1882
- Sayer v. KingAppellate Division of the Supreme Court of the State of New York · 1897
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