Winter v. Crosstown Street Railway
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Henry Winter against the Crosstown Street Railway of Buffalo. From an order denying a motion for a new trial made on the minutes of the court, plaintiff appeals. Affirmed.
1Opinion of the CourtHatch, J.
The ground upon which this motion is made, as stated in the notice of motion, is that the court erred in granting a non-suit, and in not allowing plaintiff to go to the jury. Plaintiff therefore seeks to present for determination an exception to a ruling upon a question of law. Ho judgment was entered, and consequently there is no appeal from one, although the notice of appeal speaks of a judgment. Defendant insists that as there is no judgment appealed from, and no case made, the record presents no question for review. Code Civ. Proc. § 999, authorizes the motion for a new trial based upon a…
2Cases cited4 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Ward v. Rochester Electric Railway Co.New York Supreme Court · 1892
- Mullenhoff v. ShererSuperior Court of Buffalo · 1888
3Cited by8 opinions
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Brown v. JamesAppellate Division of the Supreme Court of the State of New York · 1896
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Hubbard v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1898
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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