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Dalton v. Delaware and Hudson Company

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1930
228 App. Div. 731 (N.Y. App. Div. 1930)

Opinion

January, 1930.

Appeal from Supreme Court, Clinton County.


There was a sharp conflict in the testimony on the trial of this action. Certain occurrences which took place therein had a marked tendency to interfere with its orderly judicial progress. Those occurrences were of such importance that we are unable to find that the verdict of the jury was not influenced thereby. The judgment and order should be reversed and a new trial granted. Van Kirk, P.J., Hinman and Hasbrouck, JJ., concur; Davis and Whitmyer, JJ., dissent and vote for affirmance. Judgment and order reversed on the facts and new trial granted, with costs to the appellant to abide the event.


Summaries of

Dalton v. Delaware and Hudson Company

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1930
228 App. Div. 731 (N.Y. App. Div. 1930)
Case details for

Dalton v. Delaware and Hudson Company

Case Details

Full title:ARTHUR W. DALTON, Respondent, v. THE DELAWARE AND HUDSON COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 1, 1930

Citations

228 App. Div. 731 (N.Y. App. Div. 1930)