Byrnes v. . City of Cohoes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order directing judgment upon a verdict. (Reported below, 5 Hun, 602.) This action was brought to recover damages for the flooding of plaintiff’s house and premises, alleged to have been occasioned by the neglect of defendant to provide a sewer or outlet to carry off the water from the street gutter in front of plaintiff’s premises.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order directing judgment upon a verdict. (Reported below, 5 Hun, 602.) This action was brought to recover damages for the flooding of plaintiff’s house and premises, alleged to have been occasioned by the neglect of defendant to provide a sewer or outlet to carry off the water from the street gutter in front of plaintiff’s premises. Various exceptions were taken by defendant upon the trial, but at the conclusion thereof the counsel for the respective parties…
1Opinion of the CourtBapajllo, J.
The facts were not in dispute on the trial of this action, and it was a proper case in which to direct a verdict subject to the opinion of the court, but for the exceptions taken during the course of the trial. Where a verdict is taken subject to the opinion of the court, the question to be decided at General Term is, which party is entitled to final judgment on the facts proved at the trial; whereas, upon exceptions, the question ordinarily is whether or not a new trial shall be granted. It is manifest that the two proceedings are inconsistent, and that where exceptions have been taken it is…
2Cited by54 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Weis v. City of MadisonIndiana Supreme Court · 1881
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- City of Evansville v. DeckerIndiana Supreme Court · 1882
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