Bennett v. Harris
New York Supreme Court
Appeal by the defendants from a judgment of the Oity Court of the city of Hew York, entered in favor of the plaintiff upon the verdict of a jury and also from an order denying a motion for a new trial.
1Opinion of the CourtSeabury, J.
The judgment is challenged chiefly upon the ground of the alleged misconduct of the trial judge. Disagreeable as is the task of determining the merit of this contention, it is a duty which, in justice to the rights of the defendants and their counsel, cannot be ignored.
In the course of the examination of a witness, defendants’ counsel said to the witness: “You keep on enlarging and enlarging.” To which remark the counsel for the plaintiff objected. The following colloquy then took place: “The Court: Sustained. Counsel is censured for making foolish remarks. Defendants’ Counsel: I take an…
2Cases cited1 opinion
- Robertson v. StateTexas Supreme Court · 1873
3Cited by6 opinions
- McAlister v. StateSupreme Court of Arkansas · 1944
- Jackson v. StateSupreme Court of Arkansas · 1970
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
- Marino v. CocuzzaNew Jersey Superior Court Appellate Division · 1951
- Adler v. NelsonAppellate Terms of the Supreme Court of New York · 1924
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