Donnelly v. Katz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from a judgment of the Supreme Court, entered in the office of the clerk- of the county of Kings on the 30th day of November, 1908, in favor of the defendant dismissing, plaintiff’s complaint at the close of her evidence. Judgment affirmed, with costs. No opinion. Jenks, G-aynor and Burr, JJ., concurred; Woodward, J., read for reversal, with whom Miller, J., concurred.
1DissentWoodward, J.
'The learned court at the trial dismissed the complaint upon it's own motion on the'ground that there was a failure to show freedom from contributory negligence, saying: “ I am going to hold that you have not made out absence of contributory t negligence, but more than that the case discloses contributory negligence.” Of course, in a case of this kind, the plaintiff on appeal is entitled to the most favorable view of the evidence which the jury might properly have taken, and I am of opinion that the learned court erred in its disposition of this case.- The facts disclosed, or it-was assumed…
2Cases cited8 opinions
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Brugher v. . BuchtenkirchNew York Court of Appeals · 1901
- Kenney v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898
- Brown v. WittnerAppellate Division of the Supreme Court of the State of New York · 1899
- Kenney v. . RhinelanderNew York Court of Appeals · 1900
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