Gardner v. Picket
New York Supreme Court
Motion for a new trial, on the grounds that the verdict rendered for the defendant was against evidence, and for errors in the charge of the judge to the jury. In the course of the charge, the judge remarked, as to a particular fact in the case, that in his opinion there was not sufficient evidence to establish the fact, but he submitted the question to the jury, and instructed them to consider the whole evidence in relation to it and to decide as they should find.
Read the full summary
Motion for a new trial, on the grounds that the verdict rendered for the defendant was against evidence, and for errors in the charge of the judge to the jury. In the course of the charge, the judge remarked, as to a particular fact in the case, that in his opinion there was not sufficient evidence to establish the fact, but he submitted the question to the jury, and instructed them to consider the whole evidence in relation to it and to decide as they should find. This part of the charge of the judge was objected to. The judge also made a suggestion as to the injustice of the plaintiff’s…
1Opinion of the Court
In respect to these points, the following opinion was de livered :
By the Court,
Cowen, J.
The 'judge’s charge that there was not sufficient proof to show an assignment of the judgment to Wood was a mere expression of- opinion on the fact, which he still left to the jury. He had a right to give such an opinion, especially with such a qualification. Solarte v. Melville, 1 Mann. & Ryl. 198, is in point. 7 Barn. & Cres. 430, S. C.
As to the suggestion alleged to have been not pertinent, and calculated to mislead the jury: The judge should have been called upon to say it was not pertinent. Certainly…
2Cases cited1 opinion
- Norton v. Doe ex dem. SandersCourt of Appeals of Kentucky · 1833
3Cited by7 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- People v. . JohnsonNew York Court of Appeals · 1887
- M'kee v. . the PeopleNew York Court of Appeals · 1867
- Allis v. . LeonardNew York Court of Appeals · 1874
- Munk v. City of WatertownNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.