Werner v. . Hearst
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to admit evidence of the failure to file annual reports in the clerk’s office of Hew York county. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to admit evidence of the failure to file annual reports in the clerk’s office of Hew York county. (Code Civ. Pro. §§ 1785, 1798; Nimmons v. Tappan, 32 N. Y. Super. Ct. 652 ; Matter of N. Y. E. R. Co., 70 N. Y. 327; Jowar v. Hale, 46 Barb. 361; People v.…
1Opinion of the CourtGray, J.
The judgment appealed from must be reversed and a new tidal must be had of this action; because of errors committed upon the trial, which cannot be overlooked as unimportant, or as without possible influence upon the minds of the jurors. The plaintiff sued the defendant to recover damages for personal injuries sustained by her; which are alleged to have been occasioned by the negligent conduct of the driver of a newspaper delivery wagon, employed by the defendant. She was, at the time, riding a bicycle and she alleged that the driver of the wagon carelessly drove into her and threw her down.…
2Cases cited1 opinion
- Demarest v. . FlackNew York Court of Appeals · 1891
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- Halsted v. Globe Indemnity Co.New York Court of Appeals · 1932
- Elenkrieg v. . SiebrechtNew York Court of Appeals · 1924
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Hellenic Lines Limited v. WinklerDistrict Court, S.D. New York · 1966
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
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