Wallace v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Wallace v. Metropolitan Street Railway Co.

84 N.Y.S. 253

Appellate Terms of the Supreme Court of New York·Decided June 22, 1903·Published

Opinion

MacLEAN, J.

The learned justice before whom this cause was tried has denied a motion to resettle the case on appeal by inserting exceptions not appearing in the minutes of the stenographer. While it might be expected that counsel of experience would take the exceptions claimed to have been taken during the trial, this court will" not revise the determination of the trial justice upon conflicting affidavits and the negative evidence of the stenographer’s minutes.

Order affirmed, with costs. All concur.

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MacLEAN, J.

The learned justice before whom this cause was tried has denied a motion to resettle the case on appeal by inserting exceptions not appearing in the minutes of the stenographer. While it might be expected that counsel of experience would take the exceptions claimed to have been taken during the trial, this court will" not revise the determination of the trial justice upon conflicting affidavits and the negative evidence of the stenographer’s minutes.

Order affirmed, with costs. All concur.

Wallace v. Metropolitan Street Railway Co., 84 N.Y.S. 253 (N.Y. Ct. App. 1903).

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