Lopes v. . Linch
New York Court of Appeals
Appeal from a judgment, entered June 17,1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence adduced upon the trial supports the plaintiff’s cause of action. (Lawson v. Metropolitan St. Ry. Co., 40 App.
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Appeal from a judgment, entered June 17,1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence adduced upon the trial supports the plaintiff’s cause of action. (Lawson v. Metropolitan St. Ry. Co., 40 App. Div. 307; 166 N. Y. 589; Schoner v. Metropolitan St. Ry. Co., 72 App. Div. 23; Sophian v. Metropolitan St. Ry. Co., 38 Misc. Rep. 787.)…
1Opinion of the CourtHogan, J.
The plaintiff recovered judgment against the defendant for personal injuries alleged to have been caused by the negligence of defendant. Upon appeal by defendant therefrom, and from an order denying a motion for a new trial, the Appellate Division on the 4th day of June, 1915, reversed the judgment and order appealed from, dismissed the complaint and adjudged that the finding of the jury that the plaintiff was free from contributory negligence “ be and the same hereby is reversed.”
The evidence offered in behalf of the plaintiff was in substance as follows:
About eight o’clock in the morning of…
2Cases cited5 opinions
- Clancy v. Troy & L. RailroadNew York Supreme Court · 1895
- Netterfield v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Litzour v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Wessels v. . LinchNew York Court of Appeals · 1916
- Wessels v. LinchAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Jaftex Corp. v. Randolph Mills, Inc.Court of Appeals for the Second Circuit · 1960