Dorney v. O'Neill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry B. Dorney, 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 20th day of Hay, 1899, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of. the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the.6tli day of June, 1899, denying the plaintiff’s…
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Appeal by the plaintiff, Henry B. Dorney, 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 20th day of Hay, 1899, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of. the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the.6tli day of June, 1899, denying the plaintiff’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second…
1Opinion of the Court
Hirschberg, J.:
On the first trial of this action the plaintiff recovered a verdict, but the judgment entered on it was reversed by the Appellate Division in the first department. (Dorney v. O'Neill, 34 App. Div. 497.) On the retrial the complaint was dismissed by the learned *9trial justice at the close of the plaintiff’s case, the court saying: “I have carefully considered the record in the case before, and, in applying the rule laid down for the guidance of the court rendered in the Appellate Division in the last appeal, I would not he warranted in submitting this case to a jury, and I grant…
2Cases cited2 opinions
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Colonna Shipyard, Inc. v. BlandSupreme Court of Virginia · 1928
- Patrick v. Atlas Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1901
- Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1901
- Wax v. Woodbury G. Langdon Co.New York Supreme Court · 1914
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