Legal Opinion

Rosenthal v. New York, Susquehanna & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 1906No. 2PublishedCited by 1 opinion

Appeal by the .plaintiff, Pauline Bosenthal, from a judgment of the Supreme Could in favor of the defendant, entered in the office of the clerk of the county of Bew York on tile 11th day of October, 1905, upon the-dismissal of the qomplainf by direction of the ■court at the close of the. plaintiff’s case; after a trial at the Bew York Trial Term.

1Opinion of the Court

McLaughlin, J.:

The plaintiff in this action was the companion of plaintiff’s intestate in Rosenthal v. New York, Susquehanna & Western R. R. Co., decided herewith (112 App. Div. 431), and she was injured under the circumstances detailed, in the Opinion in that case. She was nonsuited at the close of her own testimony, and some of the facts developed by the defendant in that casé do not appear in this. The two cases, however, were argued together as one, and it Would be quite proper for the court to consider the facts appearing in' each to apply to both. It is not, however, necessary to do…

2Cases cited1 opinion

  1. Rosenthal v. New YorkAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by1 opinion

  1. Rainey v. Oregon Short Line R.Utah Supreme Court · 1924

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