Martin Augustine Knapp
Judge Knapp no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Knapp decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Defers to a referee's factual findings when the trial court confirms them, absent plain error.
“the findings of a referee, especially when confirmed by the lower court, will not be reversed on appeal, unless plain error is made to appear.”
Treats failure to perform as unjustified where the party never requested the means needed for performance and in fact had nothing ready to deliver.
“plaintiff is without legal excuse for failing to perform the contract on his part”
Procedural preferences
Requires factual disputes to be resolved through appeal rather than a petition to superintend and revise.
“Manifestly such a controversy cannot be reviewed on a petition to superintend and revise.”
Sends a disputed negligence question to the jury when the evidence permits competing inferences.
“the question here considered was a question of fact, which should have been submitted to the jury under proper instructions.”
Cautions
Protects a highway traveler’s margin of safety at a guarded railroad crossing.
“the watchman was stationed at the crossing, not for the purpose of letting cars take chances, but to prevent them from doing so.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment will be reversed, and the case remanded, with instructions to grant a new trial. Reversed.”
“The judgment will be reversed, and the cause remanded, with instructions to grant a new trial. Reversed.”
“The judgment of conviction must be set aside and a new trial granied. Reversed.”
“the decree below was correct, and should be affirmed.”
“the decree in the in rem case should be affirmed, with costs. The decree in the in personam case should be modified, by deducting from the award of damages, the sum of $1,125, with interest from April 24, 1917, and, as thus modified, affirmed”
“The refusal to so submit it was therefore an error for which the judgment must be reversed.”
“the decree appealed from is accordingly affirmed.”
“Motion to strike cause from the docket granted.”
“On both grounds the petition must be dismissed.”
A historical record
Judge Knapp no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.