Logan v. . Guggenheim
New York Court of Appeals
Appeal from a judgment, entered January 9, 1919, upon an order of the Appellate' Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCollin, J.
In virtue of the statute (Code of Civil Procedure, section 1350) the judgment appealed from should be reversed. The action is to recover the damages resulting to the plaintiff by reason of the alleged negligence of the defendant. The jury rendered a verdict for the plaintiff. The trial court, upon the motion of the defendant, under section 999 of the Code of Civil Procedure, by its order, set aside, prior to the entry of the judgment, the verdict and granted a new trial. That order upon the appeal of the plaintiff was reversed and the verdict reinstated by the Appellate Division. Thereupon…
2Cases cited8 opinions
- Lamport v. . SmedleyNew York Court of Appeals · 1914
- Raynor v. . RaynorNew York Court of Appeals · 1883
- Rich v. Manhattan Railway Co.New York Court of Appeals · 1896
- Herrman v. United States Trust Co.New York Court of Appeals · 1917
- Garrison v. . Sun Printing and Publishing AssociationNew York Court of Appeals · 1918
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3Cited by11 opinions
- Town of Massena v. Niagara Mohawk Power Corp.New York Court of Appeals · 1978
- Gumbrell v. BreweryAppellate Division of the Supreme Court of the State of New York · 1922
- Jensen v. Union Railway Co.New York Court of Appeals · 1932
- Mailloux v. SpuckAppellate Division of the Supreme Court of the State of New York · 1982
- McNulty v. Hotel Sherman Co.Appellate Court of Illinois · 1935
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