O'Reilly v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal in each of the above-entitled actions by the respective plaintiffs, from a judgment of the Supreme Court in each action in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 2d day of March, 1922, upon the dismissal of the complaint by direction of the court at the close of the-plaintiff’s case, and also from an order in each action, entered on the 3d day of February, 1922, denying the plaintiff’s motion for a new trial made…
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Appeal in each of the above-entitled actions by the respective plaintiffs, from a judgment of the Supreme Court in each action in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 2d day of March, 1922, upon the dismissal of the complaint by direction of the court at the close of the-plaintiff’s case, and also from an order in each action, entered on the 3d day of February, 1922, denying the plaintiff’s motion for a new trial made upon the minutes. In each action: Judgment and order affirmed, with costs. No opinion. Kelly, P. J., Rich and Young, JJ.,…
1DissentKelby, J.
In so far as the majority of the court affirms the judg*889ments dismissing the complaints at the end of the plaintiffs’ case on the first cause of action, as to negligence, I concur because of the failure to show that the driver who was operating the bus at the time of the accident was in the employ of the city of New York. I dissent from the conclusion of the court as to the second cause of action, which is for the maintenance of a nuisance. This accident happened in July, 1920. Prior to that time, and on June 11, 1920, the Court of Appeals, in the case of Brooklyn City Railroad Co. v. Whalen…
2Cases cited10 opinions
- People v. . SharpNew York Court of Appeals · 1887
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Brooklyn City Railroad v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- The Brooklyn City Railroad Company v. . WhalenNew York Court of Appeals · 1920
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