Dumes v. Sizer
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Philip Dumes, for a new trial upon a case containing exceptions^ ordered .to be heard at the General Term in the first instance upon- the granting of the defendant’s motion, for - a nonsuit after a trial at a.Trial .Term, of the Superior Court of the city of Buffalo on the 11th day of January, 1895. - Upon the 24th day of January,. 1894, the plaintiff while in the service of the defendant at his steam forge, in the city of Buffalo? met with an…
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Motion by the plaintiff, Philip Dumes, for a new trial upon a case containing exceptions^ ordered .to be heard at the General Term in the first instance upon- the granting of the defendant’s motion, for - a nonsuit after a trial at a.Trial .Term, of the Superior Court of the city of Buffalo on the 11th day of January, 1895. - Upon the 24th day of January,. 1894, the plaintiff while in the service of the defendant at his steam forge, in the city of Buffalo? met with an accident, in consequence of which the larger portion 0~f-his right hand was crushed to such an extent that amputation of the…
1Opinion of the Court
Adams, J.:
In moving for a nonsuit at the close of the plaintiff’s evidence, the .defendant’s counsel insisted, as he does now, that there was a total failure upon the part of the plaintiff to prove the absence 'of contributory negligence, and that this, of itself, afforded sufficient reason for granting the- motion. It is apparent, however, that this contention very properly received• little or no consideration, from the trial court, for it seems quite clear that the question of .the plaintiff’s own negligence was one for the jury to consider, whatever view may be taken respecting the-real…
2Cases cited2 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Moran v. Racine Wagon Co.New York Supreme Court · 1893
3Cited by2 opinions
- Wittenberg v. SeitzAppellate Division of the Supreme Court of the State of New York · 1896
- Bateman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901