Herrman v. New York Edison Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gene Herrman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 14th day of April, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 10th day of May, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Davis, J.:
In this action the plaintiff sued to recover damages for an assault by defendant’s agent on June 9,1914.
The court dismissed the complaint upon defendant’s motion at the close of the case.
On the day in question the plaintiff was living with her husband on the second floor of 914 Simpson street, Bronx. According to her statement she was alone at home about two p. M., dressed only in her night gown, kimono and bedroom shoes, and was ill. Her bell rang and she went to the door, opened it slightly and asked who was there. The defendant’s agent answered saying that he had come to collect…
2Cases cited2 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Becker v. BorckAppellate Terms of the Supreme Court of New York · 1916
3Cited by2 opinions
- Bush v. Sinclair-Rooney & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Muller v. HillenbrandAppellate Division of the Supreme Court of the State of New York · 1917