24 A.D.2d 674 (1965)

George Bumstead, Respondent, v. Willard A. Sweeney et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1965

Per Curiam.

No issues are raised as to weight of evidence or amount of the verdict. The appellants complain that the court participated unduly in the trial of the action, that an adjournment to allow the appellants to call a witness was unreasonably limited in duration and that the court made prejudicial comment during the course of the application for adjournment. The questions of the court appear to have been asked in the interest of clarification and expedition and indubitably with no indication of partiality. The refusal of a longer continuance than the time granted for the production of a witness who, earlier in the day, had been in the courtroom and in consultation with the appellants' attorney and who, as the appellants' counsel stated on the argument of the appeal, "saw nothing of the accident" was within the discretion of the Justice presiding and, in a colloquy on that subject between the court and counsel, we find no prejudice of any substance and none, certainly, of such moment as to have affected the result.

Judgment affirmed, with costs.


1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases