McEntee v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court- in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 9th day of March, 1905, 'upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 13th day of March, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for personal injuries received by the • plaintiff through the alleged negligence of the defendant’s servants. After the plaintiff had rested, defendant moved to dismiss the complaint upon the ground that his evidence failed to establish that he was free from contributory negligence, and also that he failed to show that his injuries were caused by defendant’s negligence. This was denied and an exception taken and then defendant, without offering ’any evidence, rested and renewed the former motion to dismiss, which was also denied and an…
2Cases cited3 opinions
- Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Little v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Little v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1904
3Cited by2 opinions
- Wood v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1909
- Rothfeld v. ClerkinAppellate Terms of the Supreme Court of New York · 1917