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Lange v. Manhattan Railway Co.

46 N.Y. St. Rep. 868 Court N.Y. Super. Ct. Decision date 1892-07-05 English

Delivered by Dugro, J.

Contents

Majority

p. 868
Louise Lange, Resp’t, v. The Manhattan Railway Co. et al., App’lts.
(New York Superior Court, General Term,
Filed July 5, 1892.)

Headnote

Trial—Order of proof.
It is not error for the court to refuse to allow the defendant to prove his defense on the cross-examination of the plaintiff before the plaintiff rests.
Appeal from judgment in favor' of plaintiff, entered upon verdict, and from order denying motion for a new trial.
Byram L. Winters, for resp’t; Davies, Short & Townsend, for app’lts.

The defendant endeavored to prove its defense upon the cross-examination of plaintiff before the plaintiff had rested. In refusing to allow this the court committed no error.

The case was fairly tried, and no error appears which requires reversal.

The judgment and order should be affirmed, with costs.

Gildersleeve, J., concurs.