Legal Opinion

Crayton v. . Larabee

New York Court of Appeals

Decided May 1, 1917PublishedCited by 17 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 13, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to make a case for the jury and the trial court’s refusal to grant nonsuit was error.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 13, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to make a case for the jury and the trial court’s refusal to grant nonsuit was error. (Whidden v. Cheever, 69 N. H. 142.) The trial court erred in submitting the case to the jury solely under the provisions of the Public Health Law, since under the Second Class Cities Law, and the provisions of…

1Opinion of the CourtCollin, J.

The action is to recover the damages sustained by reason of an alleged unlawful restraint or quarantine of the plaintiff within her home at Syracuse, N. Y. The judgment in favor of the plaintiff, consequent upon a verdict, was affirmed by the non-unanimous decision of the Appellate Division. The appellants present to us exceptions to the refusal of the trial court to grant them a nonsuit at the close of the evidence and to parts of the charge to the jury.

The cardinal facts upon which the appellants rely are, in effect, undisputed. At the times involved the defendant Hessler was the…

2Cases cited7 opinions

  1. Blue v. BeachIndiana Supreme Court · 1900
  2. Village of Carthage v. . FrederickNew York Court of Appeals · 1890
  3. New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896
  4. People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
  5. In re the Trustees of the New York & Brooklyn BridgeNew York Court of Appeals · 1878

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3Cited by17 opinions

  1. Ethyl Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1976
  2. Doe v. CoughlinNew York Court of Appeals · 1987
  3. Quesenberry v. EstepWest Virginia Supreme Court · 1956
  4. People ex rel. Barmore v. RobertsonIllinois Supreme Court · 1922
  5. Ethyl Corporation v. Environmental Protection Agency, Ppg Industries, Inc. v. Environmental Protection Agency, E. I. Dupont De Nemours & Company v. Environmental Protection Agency, Nalco Chemical Company v. Environmental Protection Agency, National Petroleum Refiners Association v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1976

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