Gumbrell v. Brewery
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frances Gumbrell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 21st day of June, 1921, upon the dismissal of the complaint upon the merits at the end of the entire case, and also from an order entered in said clerk’s office on the 14th day of June, 1921, granting defendant’s motion to set aside the verdict of a jury in favor of the plaintiff and dismissing the…
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Appeal by the plaintiff, Frances Gumbrell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 21st day of June, 1921, upon the dismissal of the complaint upon the merits at the end of the entire case, and also from an order entered in said clerk’s office on the 14th day of June, 1921, granting defendant’s motion to set aside the verdict of a jury in favor of the plaintiff and dismissing the complaint upon the merits. The trial court reserved decision on the motion for nonsuit, sent the case to the jury, and after…
1Opinion of the Court
Kelby, J.:
The action was to recover damages for personal injuries alleged to have been caused solely by the negligence of the *780defendant. As there has been a nonsuit, the plaintiff is entitled to the most favorable findings of fact or inferences therefrom that may be made from the evidence in the record. The facts are as follows: . •*
On the 31st day of July, 1920, the plaintiff was wheeling a baby carriage along the sidewalk on the westerly side of Washington street near Perry street in the city and county of New York. The defendant owned a five-ton Lansden electric truck. On the day in…
2Cases cited5 opinions
- Lee v. Van Buren & New York Bill Posting Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Logan v. . GuggenheimNew York Court of Appeals · 1920
- Lazarowitz v. LevyAppellate Division of the Supreme Court of the State of New York · 1920
- Albano v. J. F. Tapley & Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Burns v. New York & Long Island Traction Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by13 opinions
- Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
- Garis v. EberlingCourt of Appeals of Tennessee · 1934
- Castay v. Katz & Besthoff, Ltd.Louisiana Court of Appeal · 1933
- Kennedy v. HedbergSupreme Court of Minnesota · 1924
- Mann v. ParshallAppellate Division of the Supreme Court of the State of New York · 1930
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