Wiggins v. Downer
New York Supreme Court
Motion by defendant for a new trial upon the ground that the court instructed thejury in the absence of counsel, and the officer in charge of the jury held an improper communication with them. The cause was tried at the Oneida circuit on the 21st of November, 1883, and resulted in a verdict for the plaintiff.
Read the full summary
Motion by defendant for a new trial upon the ground that the court instructed thejury in the absence of counsel, and the officer in charge of the jury held an improper communication with them. The cause was tried at the Oneida circuit on the 21st of November, 1883, and resulted in a verdict for the plaintiff. This motion was argued at the Onondaga special term on the 5th of January, 1884, a stay of proceedings having been granted at .the circuit to enable the defendant to move to set aside the verdict upon the grounds above named.
1Opinion of the CourtVann, J.
— Upon the trial of this case the jury was instructed by the court in its charge to pass upon four questions of fact, and that if they decided all of those questions in favor of the plaintiff their verdict should be for him, but that if they decided in favor of the defendant upon any one of those questions their verdict should be for the defendant. The jury retired in charge of an officer late in the afternoon, and at the close of the evening session, at about nine o’clock, came into court and stated that they were unable to agree, whereupon they were told by the presiding justice in open…
2Cases cited7 opinions
- Taylor v. BetsfordNew York Supreme Court · 1816
- Pope v. StateMississippi Supreme Court · 1872
- Thomas v. ChapmanNew York Supreme Court · 1865
- Bunn v. CroulNew York Supreme Court · 1813
- Benson v. ClarkNew York Supreme Court · 1823
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Danes v. PearsonIndiana Court of Appeals · 1893
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- In re VanderbiltAppellate Division of the Supreme Court of the State of New York · 1908
- Hudson v. Minneapolis, Lyndale & Minnetonka Railway Co.Supreme Court of Minnesota · 1890
9 more not listed; retrieve them via the Exa API.