Mahoney v. Decker
New York Supreme Court
Appeal from an order made at Special Term, denying a motion by the plaintiff to set aside a verdict herein in his favor. This action was brought by the plaintiff to recover damages for injuries sustained by him, in falling through an open hatchway on the defendant’s premises.
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Appeal from an order made at Special Term, denying a motion by the plaintiff to set aside a verdict herein in his favor. This action was brought by the plaintiff to recover damages for injuries sustained by him, in falling through an open hatchway on the defendant’s premises. On the trial of the cause before Justice Pkatt and a jury, on the 29th day of January, 1879, after the jury had retired to consider of their verdict, and in the absence of the plaintiff and his counsel, and without their consent, Justice Peatt received a written communication from the jury, and sent a written answer…
1Opinion of the Court
. Gilbert, J.:
It is a well established and salutary rule, and one very essential to the proper and effectual administration of justice, that the instructions of the judge to the jury should be openly and publicly imparted.
The right of a suitor to have the trial of his cause conducted openly, with the opportunity to be present, and to except to and review any unwarranted instruction or procedure, is a substantial one, and if any infraction of it occurs the burden rests upon the party maintaining the regularity of the proceedings to show that the communication, or act, or question could not…
2Cases cited4 opinions
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Bunn v. CroulNew York Supreme Court · 1813
- Horton v. HortonNew York Supreme Court · 1824
- Rogers v. MoulthropNew York Supreme Court · 1835