Griffith v. Staten Island R. T. Railroad
New York Supreme Court
Appeal from circuit court, Kings county. Action by Philadelphia Griffith against the Staten Island Rapid-Transit Railroad Company to recover damages for personal injuries. From a judgment entered on a verdict in favor of plaintiff for $500 and costs, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPratt, J.
The only points made by appellant relate to the sufficiency of the evidence to prove freedom from negligence by plaintiff, and' the fact of negligence by itself. These points ari^e upon appellant’s motion to dismiss the complaint when plaintiff rested, and the motion to set aside the verdict and for a new trial. There was no motion to dismiss at the close of the case, nor was there any request for a direction. If plaintiff’s evidence was insufficient on the question of her own or defendant’s negligence, the point is not available, provided the case on all the evidence was for the jury. It…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Eckensberger v. AmendNew York Court of Common Pleas · 1894
- Sternwald v. SiegelNew York Court of Common Pleas · 1894
- Eckensberger v. AmendCity of New York Municipal Court · 1894
3Cited by3 opinions
- Spencer v. . State of New YorkNew York Court of Appeals · 1907
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903