Gunn v. Lackawanna Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James S. Gunn, from a judgment of the Supreme Court in favor' of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of March, 1916, upon a dismissal of the complaint by direction of the court at the close of the case.
Read the full summary
Appeal by the plaintiff, James S. Gunn, from a judgment of the Supreme Court in favor' of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of March, 1916, upon a dismissal of the complaint by direction of the court at the close of the case. The decision of the motion was reserved pending the submission of the case to the jury, which brought in a verdict for plaintiff in the sum of $3,000. An appeal is also taken from an order entered in said clerk’s office on the 20th day of March, 1916, dismissing the complaint upon the merits and setting aside the…
1Opinion of the Court
De Angelis, J.:
This action was at common law by employee against employer for personal injuries to the former due to the alleged negligence of the latter. At the close of the plaintiff’s case a motion for a nonsuit was denied and an exception was taken by the defendant to such ruling. At the close of all the evidence the motion for a nonsuit was renewed and a motion was also made. by the defendant for the direction of a verdict in its favor, upon which motions the decision of the court was reserved by consent and the cause was submitted to the jury. The jury gave a verdict for the plaintiff…
2Cases cited2 opinions
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Blyth v. J. M. Quinby & Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Fletcher v. Village of VictorAppellate Division of the Supreme Court of the State of New York · 1935