The New York Code of Civil Procedure Volume 1; As It Is January 1, 1905, with Notes of the Judicial Decisions Thereon or Relating Thereto Together with the Judiciary Article of the Constitution, Statutory Construction Law, Rules of the Court of Appeals, G (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...the fact that the defense was being conducted by an insurance company: Haigh v. Edelmeyer & Morgan Hod Elevator Co., 123 App. Div. 376; 107 N. Y. Supp. 936. p. if counsel persists in calling the attention of the jury to the fact that defendant was indemnified by a bond, the trial court, if requested, should withdraw a juror and order a retrial, for otherwise the appellate division will reverse the judgment: Kelsey v. City of New York, 123 App. Div. 381; 107 N. Y. Supp. 1089. q. Rule of road.--it is proper to charge that the rule or custom of the road is to pass to the left on overtaking and to the right on meeting a vehicle, if the position of the parties be such as to bring the rule into operation: Peters v. Cuneo, 123 App. Div. 740; 108 N. Y. Supp. 264. r. Specific.--An exception that counsel ' wished to except to the modification of the charge and to the charging of the request made by" the plaintiff's counsel, is not sufficiently specific: Clark v. N. Y. C. & H. R. R. R. Co.. 191 N. Y. 416; rev'g 115 App. Div. 813; 101 N. Y. Supp. 96. a. Where a charge, as to the obligation of a defendant to promuigate rules, is so general that it may have related to a warning, which should have been given to employees, an exception to the charge should specifically call the attention of the court to the defect claimed: Chinn v. Ferro-Concrete Construction Co., 148 App. Div. 368. 997. Case, when necessary; how made and settled. b. Arguments.--Arguments of counsel over the admissibllty of evidence have no place in a case on appeal when everything necessary to show the objection and the grounds thereof, the ruling of the court and the exception thereto otherwise appears: Davidson v. New York City Railway Co., 122 App. Div. 11; 106 N. Y. Supp. 1044. c. ...