Gallagher v. Halpern
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, seventh district, dismissing.the plaintiff’s complaint at the close of the plaintiff’s case.
1Opinion of the CourtGuy, J.
This case was tried before the court with a jury. At the close of the plaintiff’s case, on motion of the defendant’s attorney, the complaint was dismissed. In such a case the testimony of the plaintiff and the witnesses called on her behalf must be taken as true. The action is brought to recover for personal injuries received by the plaintiff through the alleged negligence of the defendant. The defendant keeps a store in this city for the sale of carpets, oil cloths, linoleum, etc.
*186On the 9th day of November, 1914, at about six o’clock in the evening, the plaintiff entered the store for the…
2Cases cited1 opinion
- McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- John v. B.B. McGinnis Co., Inc.California Court of Appeal · 1940