New York Rubber Co. v. Rothery
New York Court of Appeals
Appeal from an order of the general term of the supreme court, affirming an order denying a motion for a resettlement of the case.
1Opinion of the CourtGray, J.
The case, as now presented to us, is not materially changed by the new matters, upon which the trial justice has refused the plaintiff’s motion for the resettlement of his case on appeal in this action.
Upon our prior consideration of these proceedings, we held 112 N. Y. 592; 21 N. Y. State Rep. 841, that the appellant was entitled, as of strict right, to have the case show the actual facts as they really happened on the trial, so that the appellate court can decide the case upon a record which is absolutely correct. In delivering the opinion of the court. Judge Peckham reviewed the facts…
2Cases cited1 opinion
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
3Cited by1 opinion
- Zimmer v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898