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Elmore v. New York City Railway Co.

51 Misc. 675, 100 N.Y.S. 1019
CourtAppellate Terms of the Supreme Court of New York
DecidedJuly 1, 1906
StatusPublished

This text of 51 Misc. 675 (Elmore v. New York City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elmore v. New York City Railway Co., 51 Misc. 675, 100 N.Y.S. 1019 (N.Y. Ct. App. 1906).

Opinion

Per Curiam.

The statute does not require both parties to demand a jury in order to secure the rights of both thereto. The record herein does not show that the plaintiff waived a jury at any stage of the case. Under the circumstances disclosed it was error for the learned justice to proceed to trial without a jury. The legal rights of the parties are correctly stated in Sherwood v. N. Y. Telephone Co., 46 Misc. Rep. 102.

Gildersleeve and Dowling, JJ., concur; Dugro, J., taking no part.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Related

Sherwood v. New York Telephone Co.
46 Misc. 102 (Appellate Terms of the Supreme Court of New York, 1904)

Cite This Page — Counsel Stack

Bluebook (online)
51 Misc. 675, 100 N.Y.S. 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmore-v-new-york-city-railway-co-nyappterm-1906.