Monaco v. Lange
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Giuseppe Monaco, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of March, 1910, upon the dismissal of the complaint upon the merits by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 11th day of February, 1910, granting defendant’s motion for such dismissal.
1Opinion of the Court
Miller, J.:
This is an action for'personal- injuries alleged to have been caused by the defendant’s negligence. Upon the merits we deem it sufficient to say that the evidence presented a plain case for the jury, both as to the defendant’s negligence and the plaintiff’s freedom from contributory negligence. At the close of the evidence the decision of a motion to dismiss the complaint was reserved by the.court without objection and the case was submitted to the jury, who were unable to agree, whereupon the motion to dismiss was renewed and the decision of it again reserved by the court.…
2Cited by1 opinion
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