Anderson v. A. E. Norton, Inc.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by David Anderson against A. E. Norton, Incorporated. From an order denying plaintiff’s motion to correct the clerk’s minutes on the trial, and to vacate a judgment that the action be discontinued, plaintiff appeals, and from the judgment he also appeals.
1Opinion of the CourtPendleton, J.
This is an appeal by the plaintiff from an order denying plaintiff’s motion to correct the clerk’s minutes on the trial by substituting for the words “Discontinued, with costs,” the words “Juror withdrawn; mistrial,” and to vacate the judgment, which adjudged that the action be and is discontinued, with costs taxed at $68.12, and also an appeal from the judgment.
The action is brought under the Employers’ Liability Act (Consol. Laws, c. 31, §§ 200-204) for damages for personal injuries. There is a controversy as to what took place at the trial—plaintiff claiming his motion to withdraw a juror…
2Cases cited1 opinion
- Hyde v. AndersonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Bien v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1916
- Sim v. PindellNew York Supreme Court · 1931
- Levy v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1916
- Solomon v. RothenbergCity of New York Municipal Court · 1933
- Pure Oil Co. v. CarterAppellate Division of the Supreme Court of the State of New York · 1919