Blair v. M. McCormack Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaiiitiff, Frank Blair, from an order of the Supreme Court, made at the Queens County Trial Term and entered in the office of the clerk of the county of Queens' on the 20th day of ’ March, 1907, setting aside the verdict of a jury in favor of the plaintiff and granting the defendant’s motion for a hew trial.
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Appeal by the plaiiitiff, Frank Blair, from an order of the Supreme Court, made at the Queens County Trial Term and entered in the office of the clerk of the county of Queens' on the 20th day of ’ March, 1907, setting aside the verdict of a jury in favor of the plaintiff and granting the defendant’s motion for a hew trial. The record shows the following: “In the examination of the talesmen, [counsel for plaintiff] asked the following question: Q. Are any of the jurors officers or stockholders in the Travelers’ Insurance Company ? [Counsel for defendant] : If the Court please, in the course of…
1Opinion of the Court
Jenks, J.:
Lord Brougham said: “ In my mind he was guilty of no error, he was chargeable with no ■ exaggeration, he ivas betrayed by his fancy into no metaphor who once -said, that all "we see about us, Kings, Lords and Commons, the whole machinery of the State, all the apparatus of the system and its varied workings, end in simply bringing twelve good men into a "box. ” (Present State of the Law, 5.)
A jury implies-twelve competent and disinterested men. “The question for the triors is whether the juror is, as he assuredly should be, altogether indifferentyand if they find he is not, it is…
2Cases cited4 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- Mechanics & Farmers' Bank v. SmithNew York Supreme Court · 1821
- Butler v. Falls Glens Falls, Sandy Hill & Fort Edward Street RailroadNew York Court of Appeals · 1890
3Cited by9 opinions
- Armstrong v. Yakima Hotel Co.Washington Supreme Court · 1913
- M. O'Connor & Co. v. GillaspyIndiana Supreme Court · 1908
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- Rinklin v. AckerAppellate Division of the Supreme Court of the State of New York · 1908
- De Liere v. Goldberg, Bowen & Co.California Court of Appeal · 1916
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