Scully v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rose A. Scully, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county of Kings on the 30th day of January, 1912, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the 29th day of January, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The action is to recover damages for personal injuries sustained by the plaintiff while a passenger on one of the defendant’s cars on Saturday, May 19, 1906. On the day after the accident a representative of the defendant called on the plaintiff and procured a release from her, and in consequence thereof the court, at the close of the plaintiff’s case, dismissed the complaint.
The dismissal of the complaint was clearly contrary to the settled law of this State. The learned trial court, in granting the motion to dismiss, stated that “ Taking the evidence most favorably to the…
2Cases cited6 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Dixon v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1885
- Shaw v. WebberNew York Supreme Court · 1894
- Urtz v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Fleming v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by2 opinions
- Piuntkosky v. Thomas Harrington's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Thorne v. Columbia Cab Corp.City of New York Municipal Court · 1938