Henry E. Fox Construction Co. v. Dailey's Towing Line, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry E. Fox Construction Co., Inc., from an order and determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of April, 1917, affirming a judgment of the Municipal Court, City of New York, Borough of Manhattan, Fifth District, and also from the judgment of the Municipal Court so affirmed.
1Opinion of the Court
Laughlin, J.:
The trial was before the court and a jury. The plaintiff was nonsuited. The question presented by the appeal is, therefore, whether the evidence adduced in behalf of plaintiff was sufficient to require the submission of the case to the jury. Under a well-settled rule which requires no citation of authorities the evidence cannot be weighed by the court on review of a nonsuit for that is the function of the jury, and, therefore, the plaintiff is entitled to the most favorable inferences that may legitimately be drawn from the evidence.
The plaintiff prior to the 6th day of December,…
2Cases cited10 opinions
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Schoonmaker v. GilmoreSupreme Court of the United States · 1880
- Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
- Percival v. HickeyNew York Supreme Court · 1820
- Hoffman v. . Union F. Co. of BrooklynNew York Court of Appeals · 1872
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3Cited by1 opinion
- Lewis v. RowlandAppellate Division of the Supreme Court of the State of New York · 1989