Loonam v. Brockway
The Superior Court of New York City
This action came on to be tried before one of the justices of this court and a jury; upon the plantiff resting his case, the defendant moved to dismiss the complaint, and the court granted the motion. The plaintiff excepted. Whereupon the exceptions were directed to be heard at the general term in the first instance, and the entry of judgment in the meanwhile to be suspended.
1Opinion of the Court
By the court, It was said in Cook agt. Bell (30 Jur. 75 20 D. P. 137), “ this case was tried before a justice of this court and a jury, and the argument was then as now very fully gone into. But, although the case was then fully heard and fairly tried, we do not regret that this appeal was taken and discussed at great length, for it enables us to review the whole matter in a case where our leaning, if any, will naturally be with the plaintiff. When the labor to be performed is hazardous, it is fair to presume that it is also more than usually remunerative. This was not an action for injury…
2Cited by3 opinions
- Gunn v. WillinghamSupreme Court of Georgia · 1900
- Reardon v. New York Consolidated Card Co.The Superior Court of New York City · 1884
- Weeklund v. Southern Oregon Co.Oregon Supreme Court · 1891