McMahon v. Yonkers Railroad

Appellate Division of the Supreme Court of New York

McMahon v. Yonkers Railroad

250 A.D. 860, 294 N.Y.S. 945, 1937 N.Y. App. Div. LEXIS 9439

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

DecidedApril 13, 1937

StatusPublished

This text of 250 A.D. 860 (McMahon v. Yonkers 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

McMahon v. Yonkers Railroad, 250 A.D. 860, 294 N.Y.S. 945, 1937 N.Y. App. Div. LEXIS 9439 (N.Y. Ct. App. 1937).

Pincite

Opinion

On argument, judgments of the City Court of Yonkers in favor of plaintiffs and orders denying motions to set aside the verdicts reversed on the law and the facts and a new trial ordered, costs to abide the event. The interests of substantial justice require a new trial in view of the fact that a juror who served on the first trial, when there was a disagreement, participated in the second trial without the knowledge of the court or the parties. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.

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On argument, judgments of the City Court of Yonkers in favor of plaintiffs and orders denying motions to set aside the verdicts reversed on the law and the facts and a new trial ordered, costs to abide the event. The interests of substantial justice require a new trial in view of the fact that a juror who served on the first trial, when there was a disagreement, participated in the second trial without the knowledge of the court or the parties. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

250 A.D. 860, 294 N.Y.S. 945, 1937 N.Y. App. Div. LEXIS 9439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-yonkers-railroad-nyappdiv-1937.