Miller v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Miller v. New York Central Railroad

276 A.D.2d 795

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

DecidedNovember 16, 1949

StatusPublished

This text of 276 A.D.2d 795 (Miller v. New York Central 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

Miller v. New York Central Railroad, 276 A.D.2d 795 (N.Y. Ct. App. 1949).

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Opinion

[796]*796Foster, P. J., Heffernan and Brewster, JJ., concur; Santry, J., dissents, in the following memorandum in which Bergan, J., concurs: I dissent. On conflicting testimony the jury resolved the issues in favor of the defendant. There was ample evidence to support the verdict. The action of the trial court in denying plaintiff’s motion to exclude all witnesses from the courtroom except the one under examination did not constitute reversible error. The exclusion was a matter resting in the discretion of the court, and the record does not indicate that this discretion was abused. The judgment should be affirmed, without costs.

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[796]*796Foster, P. J., Heffernan and Brewster, JJ., concur; Santry, J., dissents, in the following memorandum in which Bergan, J., concurs: I dissent. On conflicting testimony the jury resolved the issues in favor of the defendant. There was ample evidence to support the verdict. The action of the trial court in denying plaintiff’s motion to exclude all witnesses from the courtroom except the one under examination did not constitute reversible error. The exclusion was a matter resting in the discretion of the court, and the record does not indicate that this discretion was abused. The judgment should be affirmed, without costs.

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Bluebook (online)

276 A.D.2d 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-new-york-central-railroad-nyappdiv-1949.