Nelson v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fritz Nelson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 30th day of January, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Queens County Trial Term.
1Opinion of the Court
Jenks, J.:
The action is for negligence. At the close of the plaintiff’s case the defendant' did not make any motion. At the close of the whole case the defendant moved to dismiss the complaint and for the direct tion ,of a verdict. The learned trial court reserved decision on the motion until after verdict, and then submitted the case generally to the jury, which found for the plaintiff. Thereupon the defendant moved to set aside the verdict and for a new trial. The court then granted the reserved motion to direct a verdict, under exception. *627This appeal is from the judgment entered upon the…
2Cases cited7 opinions
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Kellogg v. . N.Y.C. and Hudson R.R.R. Co.New York Court of Appeals · 1879
- Meeks v. . MeeksNew York Court of Appeals · 1899
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3Cited by2 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Heitz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1907