Devlin v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Bail way Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bichmond on the 10th day of March, 1906, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 30th day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The plaintiff’s doctor who testified to his injuries was brought to say on cross-examination by leading questions that he hoped the plaintiff would in time be able to walk without a cane. The trial judge said: “ You expect what is probable; your hope may be very improbable.” The defendant’s counsel said he excepted to the remark. Counsel for the appellant styles this remark of the court “ the active patronage of the court” to the plaintiff’s side. This is improper. He refers to no other incident of the trial to justify it, and there was none. ' A trial judge is not reduced to such…
2Cited by2 opinions
- Buckley v. 2570 Broadway Corp.Appellate Division of the Supreme Court of the State of New York · 1960
- General Fire & Casualty Co v. Mackpat Corp.Appellate Division of the Supreme Court of the State of New York · 1969