Hanlon v. Ehrich
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Samuel W. Ehrich and another, for a reargument, and for a resettlement of an order of the Appellate Division, made at the March Term, 1903, reversing a judgment in favor of the plaintiff, and granting a new trial.
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Motion by the defendants, Samuel W. Ehrich and another, for a reargument, and for a resettlement of an order of the Appellate Division, made at the March Term, 1903, reversing a judgment in favor of the plaintiff, and granting a new trial. It appears from the opinion reported in 80 Appellate Division, 359, that upon the trial of the action three witnesses for the plaintiff testified, on cross-examination, that they had signed written statements concerning the accident and that the statements were then marked for identification by the defendants; that thereafter the defendants offered, as part…
1Opinion of the Court
Jenks, J. :
The first motion is for reargument. The opinion of the court is in 80 Appellate Division, 359. The learned counsel who moves-does not show that Romertze v. East River National Bank (49 N. Y. 577) has been overruled or disapproved. But he seeks to discriminate it by showing that the question involved in this case was not passed upon. And to this end he quotes from the opinion these words: “ The only question of law which seems to deserve attention relates to the attempt to prove that the witness Newell, called by the defendant, had made statements on another occasion inconsistent…
2Cases cited14 opinions
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Rouse v. . WhitedNew York Court of Appeals · 1862
- Romertze v. . East River National BankNew York Court of Appeals · 1872
- Gaffney v. . the PeopleNew York Court of Appeals · 1872
- Forrest v. ForrestThe Superior Court of New York City · 1856
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Power v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913