Kennedy v. White
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Catherine Kennedy, from. a. judgment of the Supreme Court in favor of the defendant, entered in the office, of the clerk of the county of Kings on the 2.0th day of March, 1903, upon the dismissal of the complaint by direction of the court upon the plaintiff’s opening after a trial at. the¡ Kings' County Trial Term..
1Opinion of the Court
Hooker, J.:
The complaint was dismissed upon the trial after the plaintiff had completed her opening to the jury. Before addressing that body her attorney stated to the court that with its permission and by the consent of counsel he would present a full statement of facts as he ■ understood the' witnesses would testify, to the end that he might invite a motion to dismiss, , and to have the question of law whether the facts constituted a cause of action determined at the outset-This course was pursued and resulted in the dismissal of the complaint. From the judgment entered thereon the…
2Cases cited11 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Mali v. . LordNew York Court of Appeals · 1868
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Meehan v. MorewoodNew York Supreme Court · 1889
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3Cited by2 opinions
- Muller v. HillenbrandAppellate Division of the Supreme Court of the State of New York · 1917
- Becker v. BorckAppellate Terms of the Supreme Court of New York · 1916