Losie v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louie B. Losie, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Chemung on the 8th day of July, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Chemung Trial Term, and also from an order entered in said cleric’s office denying the plaintiff’s motion for a new trial made upon the minutes. Q
1Opinion of the Court
Sewell, J.:
The action Avas brought to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. At the close of the plaintiff’s case the learned trial justice granted a motion for a nonsuit and the plaintiff excepted. The appeal, therefore, presents the question whether upon the evidence given the plaintiff was entitled to have the case submitted to the jury.
Briefly stated, the facts were that about midnight of July 10, 1907, the deceased, a man apparently prosperous in business, happy in his 'family relations and in good…
2Cases cited2 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Benedick v. PottsCourt of Appeals of Maryland · 1898
3Cited by7 opinions
- Lane v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1931
- Venditti v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Venditti v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Lynch v. Ninemire Packing Co.Washington Supreme Court · 1911
- Tryon v. WillbankAppellate Division of the Supreme Court of the State of New York · 1932
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