Piltz v. Yonkers Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Yonkers Railroad Company, from a judgment of the City Court of Yonkers in favor of the plaintiff, entered on the 8th day of November, 1902, upon the decision of the court, a jury having been waived.
1Opinion of the Court
Jenks, J.:
A jury was waived in this action for negligence, and the court made a decision in the short form authorized by section 1022 of the Code of Civil Procedure, upon which the plaintiff entered judgment. As the appellant failed to take or file exception to the decision, the respondent insists that we are powerless even to review the rulings upon evidence made during the trial. Several decisions of this court in another department are cited by the learned counsel, of which some expressly sustain his contention. Examination of these authorities shows that for the most part they are based…
2Cases cited18 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
- Keefe v. . LeeNew York Court of Appeals · 1909
- Graham v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Dunleavey v. DunleaveyAppellate Division of the Supreme Court of the State of New York · 1903
- Tucci v. Interstate Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1927