Sias v. Rochester Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 18, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 18, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It having been conceded upon the trial that the plaintiffs’ intestate died as the result of the injury sustained in the accident in question, there is no conclusive presumption of law that because the death occurred more than a year and a day thereafter it did not…
1DissentO’Brien, J.
The plaintiffs’ intestate, while a passenger in a car over the defendant’s' railroad, received an injury on the 4th day of September, 1892, which 'resulted in his death in an insane asylum on the 14th day of December, 1894. On the third trial of the action the plaintiff was non-suited and the nonsuit was sustained at the Appellate Division, although on a previous appeal the same court decided that the case was one for the jury (92 Hun, 140; 18 App. Div. 506; 51 App. Div. 618). The question presented by this appeal is, whether there was any evidence on the last trial for the consideration of…
2Cases cited15 opinions
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Harris v. . PerryNew York Court of Appeals · 1882
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