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Elmore v. New York City Railway Company

Supreme Court, Appellate Term
Nov 1, 1906
51 Misc. 675 (N.Y. App. Term 1906)

Opinion

November, 1906.

E.V.R. Ketchum, for appellant.

Henry J. Smith, for respondent.


The statute does not require both parties to demand a jury in order to secure the rights of both thereto. The record herein does not show that the plaintiff waived a jury at any stage of the case. Under the circumstances disclosed it was error for the learned justice to proceed to trial without a jury. The legal rights of the parties are correctly stated in Sherwood v. N.Y. Telephone Co., 46 Misc. 102.

GILDERSLEEVE and DOWLING, JJ., concur; DUGRO, J., taking no part.

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


Summaries of

Elmore v. New York City Railway Company

Supreme Court, Appellate Term
Nov 1, 1906
51 Misc. 675 (N.Y. App. Term 1906)
Case details for

Elmore v. New York City Railway Company

Case Details

Full title:ARTHUR ELMORE, Appellant, v . THE NEW YORK CITY RAILWAY COMPANY, Respondent

Court:Supreme Court, Appellate Term

Date published: Nov 1, 1906

Citations

51 Misc. 675 (N.Y. App. Term 1906)