Schilling v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Schilling, from a judgment of the Supreme Court in favor of the defendant,, entered in the 'office of the clerk of the county of New York on the 23d day of April, 1898, upon the dismissal of his complaint by direction of the court at the close of the plaintiff’s evidence after a trial, before the court and a - jury, at the New York Trial Term. ■ This appeal was transferred from the first department to the second department.'
1Opinion of the Court
Woodward, J.:
A motion for a nonsuit was granted at the close of the plaintiff’s •evidence, and in the consideration of this appeal we are to give the *501plaintiff the benefit of the most favorable inferences deducible from the evidence. (Higgins v. Eagleton, 155 N. Y. 466.) The facts established by the plaintiff’s evidence, under this rule, app.ear to us to. constitute a cause of action, and the questions should have been submitted to the jury. The action is one for damages for injuries sustained by the plaintiff by reason of a rear-end collision, a car of the defendant running into the wagon…
2Cases cited4 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Johnson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by9 opinions
- Indianapolis Street Railway Co. v. BolinIndiana Court of Appeals · 1906
- Tacoma Ry. & Power Co. v. HaysCourt of Appeals for the Ninth Circuit · 1901
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Hays v. Tacoma Ry. & Power Co.U.S. Circuit Court for the District of Washington · 1900
- Wiley v. Southwestern Interurban Railway Co.Supreme Court of Kansas · 1913
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