Post v. . Brooklyn Heights R.R. Co.

87 N.E. 771, 195 N.Y. 62, 1909 N.Y. LEXIS 984

• Court: New York Court of Appeals
• Decided: March 16, 1909
• Status: Published

Opinion

Per Curiam.

There are errors in this record, but we find none calling for reversal, when the circumstances under which the erroneous rulings were made and their probable effect on the result are taken into account. Under our system of appeals every error does not require a new trial, for the vast judicial work of the state could not be done on that basis. Unless the error is so substantial as to raise a presumption of prejudice, it should be disregarded, for undue delay is a denial of justice. We think that the evidence received, subject to objection and exception, could have had no effect on the final result, for it did not change the material aspect of the case, or the standing of any witness, or the attitude of either party, in any respect, nor make the theory of either party more probable than it was before.

The judgment appealed from should be affirmed, with costs.

Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ,, concur.

Judgment affirmed.