Eckensberger v. Amend
New York Court of Common Pleas
Appeal from city court, general term. Action by Heinrich Eckensberger, Jr., an infant, by Heinrich Eckensberger, Sr., his guardian ad litem, against Bernard G-. Amend, for personal injuries. From a judgment of the city court (27 N. Y. Supp. 941) affirming a judgment entered on a verdict in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
The judgment of affirmance of the court below precludes examination into the evidence in this case for the purpose of determining the preponderance (Arnstein v. Haulenbeek, 16 Daly, 382, 11 N. Y. Supp. 701; Smith v. Prior, 16 Daly, 169, 9 N. Y. Supp. 636; Rowe v. Comley, 11 Daly, 318); and failing an exception to the denial of a motion for a dismissal of the complaint, or the direction of a verdict, made when all the proof was in, we must assume that there was sufficient evidence to carry the case to the jury, and to support the verdict (Barrett v. Railroad Co., 45 N. Y. 628; Schwinger v.…
2Cases cited9 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Myers v. CohnNew York Court of Common Pleas · 1893
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Schwinger v. . RaymondNew York Court of Appeals · 1887
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3Cited by11 opinions
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- Charwat v. VopelakAppellate Terms of the Supreme Court of New York · 1897
- Ebenreiter v. DahlmanAppellate Terms of the Supreme Court of New York · 1896
6 more not listed; retrieve them via the Exa API.