Sheehy v. . Burger
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of defendants, entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been occasioned by defendants’ negligence.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of defendants, entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been occasioned by defendants’ negligence. Plaintiff’s evidence tended to show that she was standing on the sidewalk at the corner of State and Columbia streets, in the city of Brooklyn, intending to cross State street. A cart, in the employ of defendants, loaded with long plank and timber, some of…
1Opinion of the CourtRapallo, J.
The motion for a nonsuit was made upon two grounds only. First. That there was not sufficient evidénce to show that the defendants were the parties responsible for the act of the driver of the truck. And, second. That the plaintiff, by her own negligence, contributed to the accident. No point was made at the trial as to the sufficiency of the evidence of negligence on the part of the driver, and that question is not now before us.
The first ground of nonsuit appears to have been abandoned on the argument at General Term, and is not now insisted upon. The only question in the case is, whether…
2Cited by4 opinions
- Mullen v. Village of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1896
- Cantanno v. James A. Stevenson Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Mullen v. Village of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. JohnsonOhio Superior Court, Cincinnati · 1904