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Reilly v. Third Avenue Co.

70 N.Y. St. Rep. 733 Court N.Y. City Ct. Decision date 1895-11-26 English

Delivered by McCarthy, J.

Contents

Majority

p. 733
John Reilly, Resp’t, v. Third Avenue Company, App’lt.
(New York City Court, General Term,
Filed November 26, 1895.)

Headnote

Trial—Charge.
The court has a right to refuse to charge a correct proposition of law when it has no bearing on the ease.
p. 734
Appeal from a judgment in favor of plaintiff.
Hoadley, Lauterbach & Johnson, for app’lt; O. S. Garothers, for resp’t.

The questions of fact were properly submitted to the jury, and the charge of the trial justice on the law was clear, and, if anything, too favorable to the defendant. There is no rule requiring the trial justice to charge every request asked for by counsel on a given subject of the law. The court is bound only to charge such propositions as are applicable to the facts in the case before it, and therefore has a right to refuse to charge a correct proposition of law when it has no bearing on the case. We do not find any substantial error, and the judgment must be affirmed, with costs.