Home/Appellate Terms of the Supreme Court of New York/Stantial v. Union Railway Co.

Stantial v. Union Railway Co.

52 Misc. 653, 101 N.Y.S. 662
CourtAppellate Terms of the Supreme Court of New York
DecidedDecember 15, 1906
StatusPublished
Cited by3 cases

This text of 52 Misc. 653 (Stantial v. Union Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stantial v. Union Railway Co., 52 Misc. 653, 101 N.Y.S. 662 (N.Y. Ct. App. 1906).

Opinion

Per Curiam.

The instructions given by the trial justice in stating the rule of damage were clearly erroneous (Schmidt v. Interborough Rapid Transit Co., 97 N. Y. Supp. 330), were excepted to at the close of the charge, were not modified or withdrawn but were practically repeated and emphasized. Of course we are unable to determine whether defendant was prejudiced or not thereby, but it may well have been. It was its legal right to have the rule correctly stated and judgment founded upon improper instructions, duly excepted to, cannot be upheld.

Present: Gildersleeve, Fitzgerald and Davis, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Greek v. Union Railway Co.
53 Misc. 639 (New York Supreme Court, 1907)
Greer v. Union Ry. Co.
103 N.Y.S. 88 (Appellate Terms of the Supreme Court of New York, 1907)
Rhodes v. Union Railway Co.
52 Misc. 501 (Appellate Terms of the Supreme Court of New York, 1907)

Cite This Page — Counsel Stack

Bluebook (online)
52 Misc. 653, 101 N.Y.S. 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stantial-v-union-railway-co-nyappterm-1906.