Schiller v. Dry Dock, East Broadway & Battery Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment dismissing the complaint of the plaintiff, with costs rendered in the Municipal Court, fifth district, New York city. The action was brought to recover damages for injuries alleged • to have been received through the negligence of the defendants.
1Opinion of the CourtFreedman, P. J.
This action was tried by a justice of the Municipal Court and a jury, and at the close of plaintiff’s case the defendant moved for a dismissal of the complaint on the ground that the plaintiff had been guilty of contributory negligence and that the evidence was insufficient to establish defendant’s negligence.
The court granted the motion without assigning any reason, and the plaintiff duly excepted. The plaintiff then moved for a new trial under section 999 of the Code. The motion was denied and the plaintiff duly excepted.
Thereafter an appeal was taken. On the argument of the appeal no…
2Cited by2 opinions
- Schaefer v. Central Crosstown RailroadAppellate Terms of the Supreme Court of New York · 1899
- Johnson v. ThornAppellate Terms of the Supreme Court of New York · 1899