Connor v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of April, 1902, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 28th day of April, 1902, denying the defendant’s motion for a new trial made .upon the minutes.
1Dissent
O’Bkien, J. (dissenting):
I am unable to concur in the conclusion reached by the majority of the court in this case because under the authorities I think the exception upon which the case is reversed is not properly before us for consideration, and, therefore, is not available. At the conclusion of the charge to the jury some seventeen requests were presented by the plaintiff, and the trial judge stated those which he would charge and the numbers of those he declined to charge, these latter not appearing in the record. The defendant then made certain requests, and, finally, just before the…
2Cases cited2 opinions
- Benedict v. DeshelAppellate Division of the Supreme Court of the State of New York · 1902
- Piper v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895