Zimmer v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
r Appeal by the defendants, the Metropolitan Street Railway Company and another, from so much of an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of-the county of Queens on the 14th day of December, 1897, as denies the defendants’ motion to resettle the proposed case on appeal herein.
1Opinion of the Court
Goodrich, P. J.:
■ The action was tried before Mr. Justice Garretson and resulted in a verdict for the plaintiff, against both defendants; and from the judgment entered thereon an appeal has been taken. A proposed' case and proposed amendments thereto were made-and served, and the same were settled by the justice. Thereafter a motion was made before him by the defendants for a resettlement, and he denied the motion. - It is stated in the brief for the respondent that the justice, in denying the motion, said that he based his decision, not only upon *505the stenographer’s minutes, but also “ from…
2Cases cited3 opinions
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
- New York Rubber Company v. . RotheryNew York Court of Appeals · 1890
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1890
3Cited by7 opinions
- Allen v. BecketAppellate Terms of the Supreme Court of New York · 1903
- Jenkins v. BishopAppellate Division of the Supreme Court of the State of New York · 1909
- McMahon v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Csatlos v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Marjulies v. GoldsteinAppellate Terms of the Supreme Court of New York · 1903
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