Schuhle v. Cunningham
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury and from an order denying a motion for a new trial. The action was brought to recover damages for the loss of services of plaintiff’s wife, and medical expenses, alleged to have been occasioned by injuries sustained by her being struck by a clothes-pole which fell while being erected by defendant in the rear of tenement premises owned by him, and in which plaintiff leased rooms.
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Appeal from a judgment of this court entered upon the verdict of a jury and from an order denying a motion for a new trial. The action was brought to recover damages for the loss of services of plaintiff’s wife, and medical expenses, alleged to have been occasioned by injuries sustained by her being struck by a clothes-pole which fell while being erected by defendant in the rear of tenement premises owned by him, and in which plaintiff leased rooms. At the trial, the jury found a verdict for defendant. A motion by plaintiff for a new trial was denied, and judgment for defendant entered on the…
1Opinion of the Court
Per Curiam. — [Present, Larremore, Ch. J., Allen and Bookstaver, JJ.]
—Most of the exceptions that were taken at the trial may be disposed of without discussion, as it is obvious that they are not tenable. For instance, it is plain that where it appears upon cross-examination that the testimony given in chief was merely hearsay, the court may, if it deems that course the best, strike out the testimony; it is not always the wisest policy to allow the testimony to stand, and instruct the jury to disregard it (Sokes v. Johnson, 57 N. Y. 673; Farmers’ Bank v. Cowan, 2 Abb. App. Dec. 90; Platner v.…
2Cases cited3 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Maurer v. . the PeopleNew York Court of Appeals · 1870
- Dale v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
3Cited by1 opinion
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936