McLean v. . Studebaker Brothers Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed at the close of the plaintiff's case and the refusal to dismiss was error. The plaintiff failed completely to show actionable negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed at the close of the plaintiff's case and the refusal to dismiss was error. The plaintiff failed completely to show actionable negligence. (Larmore v. Crown Point Iron Co., 101 N. Y. 391; Birch v. City of New York, 190 N. Y. 397; Hickok v. Auburn L., H. & P. Co., 200 N. Y.…
1Opinion of the CourtCollin, J.
The plaintiff seeks to recover damages for personal injuries received, he alleges, by reason of the negligence of the defendant. The Appellate Division by a decision, not unanimous, affirmed the judgment consequent upon the verdict of the jury in favor of the plaintiff. At the close of the evidence the defendant exceptéd to the denial of its motion to dismiss the complaint. If there was no evidence that tended to support the verdict, the submission of the case to the jury was error. (Heskell v. Auburn L., H. & P. Co., 209 N. Y. 86.). The jury might have found as the facts most favorable to…
2Cases cited5 opinions
- Hess v. Bernheimer & Schwartz Pilsener Brewing Co.New York Court of Appeals · 1916
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Flood v. . Western Union Telegraph CompanyNew York Court of Appeals · 1892
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
3Cited by32 opinions
- Gasper v. Ford Motor Co.New York Court of Appeals · 1963
- Guerrini v. United StatesCourt of Appeals for the Second Circuit · 1948
- Gargaro v. Kroger Grocery & Baking Co.Court of Appeals of Tennessee · 1938
- Stephens v. TuckerAppellate Division of the Supreme Court of the State of New York · 1992
- Davis Bakery, Inc. v. DozierSupreme Court of Virginia · 1924
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