Belton v. . Baxter
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of Rew York, affirming a judgment in favor of defendant,, entered upon an order nonsuiting plaintiff upon trial. This action was brought to "recover damages for personal injuries received by plaintiff in consequence of being run against by defendants’ cart.
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Appeal from a judgment of the General Term of the Superior Court of the city of Rew York, affirming a judgment in favor of defendant,, entered upon an order nonsuiting plaintiff upon trial. This action was brought to "recover damages for personal injuries received by plaintiff in consequence of being run against by defendants’ cart. The principal evidence as to the injury was that of plaintiff, who testified, in substance, that on the 28th March, 1868, between six and seven p. m., he was walking easterly on Fourth street in the city of ISTew York; that as he came near Second avenue he saw…
1Opinion of the CourtAllen, J.
That there was evidence of negligence on the part of the defendants’ servant to carry the case to the jury cannot, upon the record before us, be controverted, and the court properly refused the nonsuit asked for, on the ground alleged that there' was no evidence of negligence in the driving of defendant’s vehicle. The only question is, whether the evidence so conclusively established negligence on the part of the plaintiff, contributing to the injury, as to authorize the court to take the case from the jury and dismiss the complaint for that reason.
Upon a former appeal in this action, it was…
2Cases cited1 opinion
- Belton v. . BaxterNew York Court of Appeals · 1873
3Cited by20 opinions
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Buehner Chair Co. v. FeulnerIndiana Supreme Court · 1905
- Bolstad v. Armour & Co.Supreme Court of Minnesota · 1913
- Davies v. Oceanic Steamship Co.California Supreme Court · 1891
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