Conlin v. Rogers
New York Court of Common Pleas
Motion for new trial on exceptions. Action by Annie Conlin, as administratrix of Patrick Conlin, deceased, against John C. Rogers and others, for damages for the death of plaintiff’s intestate, alleged to have been caused by the defendants’ negligence. On the conclusion of plaintiff’s case the complaint was dismissed, “on the ground that the plaintiff has not proven facts sufficient to constitute a cause of action.” Plaintiff’s counsel duly excepted.
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Motion for new trial on exceptions. Action by Annie Conlin, as administratrix of Patrick Conlin, deceased, against John C. Rogers and others, for damages for the death of plaintiff’s intestate, alleged to have been caused by the defendants’ negligence. On the conclusion of plaintiff’s case the complaint was dismissed, “on the ground that the plaintiff has not proven facts sufficient to constitute a cause of action.” Plaintiff’s counsel duly excepted. At the time of the accident the intestate was in defendants’ service, and was ascending a shaft through which he went to and from his work in a…
1Opinion of the CourtPryor, J.
Upon this state of facts, the question is, was it error to dismiss the complaint? or, to present the point in another form, was it the legal duty of the court to submit the case to the jury? The rule is familiar and fundamental that, to authorize a recovery in such an action as the present, the plaintiff must prove that the defendants’ negligence was the cause of his injury. But, before this issue can be referred to the jury, the court must determine a preliminary question, namely, whether there be sufficient evidence to warrant the inference that the defendants’ negligence was the cause of…
2Cases cited14 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- The People v. . CookNew York Court of Appeals · 1853
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
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3Cited by4 opinions
- Geoghegan v. Atlas Steamship Co.New York Court of Common Pleas · 1893
- Lundy v. Second Avenue RailroadNew York Court of Common Pleas · 1892
- De Soucey v. Manhattan Railway Co.New York Court of Common Pleas · 1891
- Lundy v. Second Avenue RailroadNew York Court of Common Pleas · 1892