Orunsten v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Orunsten, from a judgment of the County Court of Albany county, entered in the office of the clerk of said county on the 21st day of February, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also an appeal is taken from the order of nonsuit.
1Opinion of the Court
Woodward, J.:
The plaintiff, on this appeal from a 'judgment of nonsuit, is entitled, of course, to the most favorable inferences fairly to be deduced from the evidence, but it is necessary that there should be some evidence fairly intended to support the allegations of the complaint controverted by the defendant. The complaint' alleges, aside from the corporate character of the defendant, that “ In or about September, 1915, it agreed for a valuable consideration to transport for the plaintiff from New York City to Troy over its said railroad a car load of bananas which it knew to be…
2Cited by10 opinions
- Schwalb v. Erie RailroadNew York City Court · 1937
- Michellod v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Bluebird Food Products Co. v. Baltimore & Ohio RailroadDistrict Court, E.D. Pennsylvania · 1971
- Uneeda Home Appliances, Inc. v. Long Island Rail RoadAppellate Terms of the Supreme Court of New York · 1966
- Standard Brands Chemical Industries, Inc. v. Pilot Freight Carriers, Inc.New York Supreme Court · 1971
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