Johnson v. Riter-Conley Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Riter-Conley Manufacturing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of January, 1912, denying the defendant’s motion to set aside the verdict of a jury and vacate a judgment in favor of the plaintiff entered in said clerk’s office on the 9th day of October, 1911, upon the verdict of a jury for $15,000.
1Opinion of the Court
Dowling, J.:
Plaintiff has recovered a judgment for $15,000 damages for the death of intestate caused by the alleged negligence of defendant. After the trial certain facts as to the conduct of one of the jurors thereat were brought to the attention of defendant’s attorneys, who thereupon moved to vacate the judgment, to set aside the verdict and for a new trial. Upon that motion, numerous affidavits were submitted tending to show that juror No. 5, John Winton, Jr., had at the close of the first day of the trial expressed his determination to have brought in a large verdict for plaintiff and to…
2Cases cited1 opinion
- Decker v. High Street Methodist Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Tableporter v. UristCity of New York Municipal Court · 1935
- Dennis v. TishmanNew York Supreme Court · 1931
- Morrow v. DottsAppellate Division of the Supreme Court of the State of New York · 1924