Barber v. Ellingwood
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Clarence L. Barber, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court on a trial at the New • York Trial Term in October, 1910:
1Opinion of the Court
SCOTT, J:
The plaintiff moves for a new trial upon exceptions ordered to be heard in the first instance at the Appellate Division. The cause has been twice tried. On the first trial the plaintiff had a verdict, but the judgment was reversed on the ground that the. verdict was against the evidence. On the second trial the complaint was dismissed upon the plaintiff’s proofs, the court apparently feeling itself constrained to take this action by some of the reasons given for reversing the former judgment. (135 App. Div. 549.) Although there has been no change in the pleadings, the plaintiff…
2Cases cited6 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- White v. . SmithNew York Court of Appeals · 1874
- Butler Bros. v. HirzelAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Assignment of MillsAppellate Division of the Supreme Court of the State of New York · 1910
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Raisis v. Eisele & King, Libaire, Stout & Co.Appellate Division of the Supreme Court of the State of New York · 1964
- Stone v. AllenNew York Supreme Court · 1936
- Bird v. DuPont Glore Forgan, Inc.District of Columbia Court of Appeals · 1975