Malek v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of New York

Malek v. Delaware, Lackawanna & Western Railroad

174 A.D. 926, 159 N.Y.S. 1127

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

DecidedJuly 15, 1916

StatusPublished

This text of 174 A.D. 926 (Malek v. Delaware, Lackawanna & Western Railroad) 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

Malek v. Delaware, Lackawanna & Western Railroad, 174 A.D. 926, 159 N.Y.S. 1127 (N.Y. Ct. App. 1916).

Pincite

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, (1) that the strictures and adverse criticism upon the conduct of Moss, the principal witness of the defendant, during the course of the trial and its charge to the jury by the trial court, deprived the defendant of a fair and impartial trial to which it was entitled; (2) the voluntary and unjustifiable criticism of the conduct of the defendant’s attorney frequently during the trial tended to prejudice the case of the defendant, and likewise deprived it of a fair and impartial trial. All concurred.

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Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, (1) that the strictures and adverse criticism upon the conduct of Moss, the principal witness of the defendant, during the course of the trial and its charge to the jury by the trial court, deprived the defendant of a fair and impartial trial to which it was entitled; (2) the voluntary and unjustifiable criticism of the conduct of the defendant’s attorney frequently during the trial tended to prejudice the case of the defendant, and likewise deprived it of a fair and impartial trial. All concurred.

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Bluebook (online)

174 A.D. 926, 159 N.Y.S. 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malek-v-delaware-lackawanna-western-railroad-nyappdiv-1916.