Fogelsanger v. Gehres

Appellate Division of the Supreme Court of New York

Fogelsanger v. Gehres

146 A.D. 886, 130 N.Y.S. 1111

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1911

StatusPublished

This text of 146 A.D. 886 (Fogelsanger v. Gehres) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fogelsanger v. Gehres, 146 A.D. 886, 130 N.Y.S. 1111 (N.Y. Ct. App. 1911).

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Opinion

— Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the trial court should have discharged the jury when requested to do so by defendant’s counsel because of repeated inflammatory and improper remarks by plaintiff’s counsel before the jury, - after being warned. All concurred, except Spring, J., who dissented upon the ground that there is no claim made that the verdict is excessive.

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— Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the trial court should have discharged the jury when requested to do so by defendant’s counsel because of repeated inflammatory and improper remarks by plaintiff’s counsel before the jury, - after being warned. All concurred, except Spring, J., who dissented upon the ground that there is no claim made that the verdict is excessive.

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Bluebook (online)

146 A.D. 886, 130 N.Y.S. 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fogelsanger-v-gehres-nyappdiv-1911.