Hyperlawhypertext legal database Claflin v. New York Standard Watch Co. 52 N.Y. St. Rep. 516

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Claflin v. New York Standard Watch Co.

52 N.Y. St. Rep. 516 Court N.Y. City Ct. Decision date 1893-05-09 English

Delivered by *517 Ehrlich, Ch. J.

Contents

Majority

p. 516
John Claflin et al., App'lts, v. The New York Standard Watch Co., Resp't.
(City Court of New York, General Term,
Filed May 9, 1893.)

Headnote

Trial—Counsel may refer to pleadings.
Counsel has a right to refer to the pleadings during the progress of the trial, as they are always before the court and jury.
Appeal by plaintiffs from judgment entered on verdict in favor of defendant.
Charles W. Gould (Jno. L. Wilkie, of counsel), for app’lts; Jno. H. Weed (Lloyd McK. Garrison, of counsel), for resp’t.

The case seems to have been carefully tried, and the result arrived at warranted by the evidence

The counsel had the right to refer to the pleadings during the progress of th„e trial, as they are always before the court and jury. Rowe v. Comley, 1 City Ct., 466; 2 Civ. Pro., 424, 427.

We have examined, the numerous exceptions and find them without merit.

On the facts as found by the jury, the verdict rendered by them is right, and the judgment entered thereon and the order denying the motion for a new trial must be affirmed, with costs.

Fitzsimons and Newburger, JJ., concur.