Moore v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of New York

Moore v. Prudential Insurance Co. of America

109 A.D. 919, 95 N.Y.S. 1147

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

DecidedNovember 15, 1905

StatusPublished

This text of 109 A.D. 919 (Moore v. Prudential Insurance Co. of America) 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

Moore v. Prudential Insurance Co. of America, 109 A.D. 919, 95 N.Y.S. 1147 (N.Y. Ct. App. 1905).

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Opinion

Per Curiam:

An examination of this ^case shows that the same facts were; established upon the second trial as appeared on the first trial, and were considered by us on the first appeal, and that there is no evidence on this trial discrediting such facts or in any manner tending to change or explain their significance;, that the same conclusions must be drawn from them now that were then drawn from them, and for that reason this judgment and order must be reversed and a new trial granted, with costs to the appellant to abide the event. (For the case on the former appeal see 92 App. Div. 135.) All concurred, except Smith, J:, dissenting; Houghton, J., not voting, not being a member of this court at the-time this decision was handed down. Judgment and order reversed and new trial granted, with costs to appellant to abide event.

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Per Curiam:

An examination of this ^case shows that the same facts were; established upon the second trial as appeared on the first trial, and were considered by us on the first appeal, and that there is no evidence on this trial discrediting such facts or in any manner tending to change or explain their significance;, that the same conclusions must be drawn from them now that were then drawn from them, and for that reason this judgment and order must be reversed and a new trial granted, with costs to the appellant to abide the event. (For the case on the former appeal see 92 App. Div. 135.) All concurred, except Smith, J:, dissenting; Houghton, J., not voting, not being a member of this court at the-time this decision was handed down. Judgment and order reversed and new trial granted, with costs to appellant to abide event.

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Bluebook (online)

109 A.D. 919, 95 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-prudential-insurance-co-of-america-nyappdiv-1905.

Opinion

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