Jordan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Jordan, as administratrix, etc., of William Jordan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of January, 1899, upon the dismissal of the complaint by direction of the court on a trial before thé court and a jury, and also from an order entered in said clerk’s office on the 27th day of January, 1899,' denying the plaintiff’s motion for a…
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Appeal by the plaintiff, Mary Jordan, as administratrix, etc., of William Jordan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of January, 1899, upon the dismissal of the complaint by direction of the court on a trial before thé court and a jury, and also from an order entered in said clerk’s office on the 27th day of January, 1899,' denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover damages for an alleged negligent act of the defendant, causing the death of the plaintiff’s husband and intestate. At the trial, upon the opening of counsel, the complaint was dismissed on the motion of the defendant. A motion for a new trial was denied, and from the judgment entered upon the dismissal of the complaint and the order denying the motion for a new trial this appeal is taken.
In examining the case it must be taken for granted that every fact stated by the plaintiff in his opening would have been susceptible of proof, and the question to…
2Cases cited3 opinions
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Isaacson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
3Cited by5 opinions
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Hamlin v. BenderNew York Supreme Court · 1915
- Plantz v. Kreutzer & WasemSupreme Court of Iowa · 1915
- Bailey v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Walter v. HamAppellate Division of the Supreme Court of the State of New York · 1902