Deane v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Cornelius Deane, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, on the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term.' When the plaintiff first rested the court intimated an intention to nonsuit the plaintiff .and to allow an exception to such ruling.
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Motion by the plaintiff, Cornelius Deane, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, on the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term.' When the plaintiff first rested the court intimated an intention to nonsuit the plaintiff .and to allow an exception to such ruling. Thereupon the plaintiff asked leave to submit further evidence and was permitted to do so. Thereupon the plaintiff’s counsel renewed his motion for a nonsuit, which was granted, but no exception was taken.…
1Opinion of the Court
Hardin, P. J.:(1) Although the plaintiff did hot take a formal exception ‘at the time the motion for a nonsuit was actually granted, he is entitled to have this court treat the case as though an exception had been taken, as the exceptions were, ordered here. (Woolsey v. Lasher, 35 App. Div. 108.)(2) At the time the plaintiff received the injuries complained of he was a teamster in the employ of Bristow, a contractor who was engaged in hauling garbage for the city, under a contract, to a distant place in 'the city where it was cremated. The contractor owned the teams and employed the teamsters…
2Cases cited5 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Felch v. AllenMassachusetts Supreme Judicial Court · 1868
- Finnell v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1892
- Woolsey v. LasherAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- State v. LaundyOregon Supreme Court · 1922