Griffin v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of New York

Griffin v. Prudential Insurance Co. of America

89 N.Y.S. 1105

Appellate Division of the Supreme Court of the State of New York·Decided July 28, 1904·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to abide the event, for the reason that, owing to the several withdrawals by the trial justice of portions of his charge and to the doubt expressed to the jury by him of what should be charged, and to the confusion which surrounded the court’s instructions, the jury could not have obtained the intelligent advice in relation to the rules of law applicable to the facts of the case which the defendant was entitled to have given to them.

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PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to abide the event, for the reason that, owing to the several withdrawals by the trial justice of portions of his charge and to the doubt expressed to the jury by him of what should be charged, and to the confusion which surrounded the court’s instructions, the jury could not have obtained the intelligent advice in relation to the rules of law applicable to the facts of the case which the defendant was entitled to have given to them.

Griffin v. Prudential Insurance Co. of America, 89 N.Y.S. 1105 (N.Y. Ct. App. 1904).

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89 N.Y.S. 1105 (Griffin v. Prudential Insurance Co. of America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.