Legal Opinion

Gregor v. McKee

City of New York Municipal Court

Decided December 15, 1896PublishedCited by 1 opinion

Appeal from a judgment entered upon a verdict in favor of the plaintiffs.

1Opinion of the CourtO’Dwyer, J.

In this case no application was made to dismiss the complaint or to direct a verdict for the defendants.

The record does not contain a statement that the case contains all the evidence adduced on the trial, and there being no appeal from the order denying the motion for a new trial,.this court will not review the evidence. .

Defendants’ failure to move for a dismissal of the complaint, or for the direction of a verdict in their behalf, is a concession on their part that the case Was properly one for the jury, and having taken their chance with the jury they cannot now he heard to complain of…

2Cited by1 opinion

  1. Cornell Real Estate & Auction Co. v. LiebowitzAppellate Division of the Supreme Court of the State of New York · 1926

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