Rusk v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Mary L. Rusk against the Manhattan Railway Company. From a judgment on a verdict for plaintiff, and from an order denying motion for new trial, defendant appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
This action was brought to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant. The plaintiff had a verdict of $2,500, and from the judgment entered thereon the defendant has appealed. At the trial, at the close of plaintiff’s case, the defendant moved for a dismissal of the complaint, which motion was denied, and the defendant excepted. After the denial of this motion, the defendant rested, without offering any evidence.
The question, presented, therefore, is whether, giving to the plaintiff the benefit of every inference that can…
2Cases cited7 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Ayres v. . Village of HammondsportNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Oklahoma Ry. Co. v. AustinSupreme Court of Oklahoma · 1949