Willy v. . Mulledy
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. In a case where the circumstances admit of two inferences, either of which is equally probable, one in favor of plaintiff and the other in favor of defendant, plaintiff should be nonsuited. (Codell y.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. In a case where the circumstances admit of two inferences, either of which is equally probable, one in favor of plaintiff and the other in favor of defendant, plaintiff should be nonsuited. (Codell y. JY. Y. C. and H. R. R. R. Co, 75 IT. Y., 303; Robbins v. Mount, 4 Bobt., 554; Ryan v. Thompson, 6 J. & S., 133.) In…
1Opinion of the CourtEael, J.
This is an action to recover damages for the death of plaintiff’s wife, alleged to have been caused by the fault of the defendant. Prior to the 1st day of November, 1877, the plaintiff hired of the defendant certain apartments iii the rear of the third story of a tenement-house in the city of Brooklyn, and with his wife and infant child moved into them on that day. On the fifth day of the same month, in the day-time, a five took place, originating hi the lower story of the house, and plaintiff’s wife and child were smothered to death.
It is claimed that the defendant was in fault because he…
2Cases cited1 opinion
- Hover v. BarkhoofCommission of Appeals · 1870
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- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Andrew Chen and Chen Printing and Supply Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1988
- McRickard v. . FlintNew York Court of Appeals · 1889
- Amberg v. . KinleyNew York Court of Appeals · 1915
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