Ernst v. Hudson River Railroad
New York Court of Appeals
This action was brought to recover damages of the defendants, for causing the death of Henry Ernst, deceased. The cause was tried at the Rensselaer circuit in May, 1859, before Mr. Justice Gould and a jury. The judge declined to submit any question of fact to the jury, and directed a non-suit, and ordered the plaintiff’s exceptions to be heard in the first instance at the general term.
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This action was brought to recover damages of the defendants, for causing the death of Henry Ernst, deceased. The cause was tried at the Rensselaer circuit in May, 1859, before Mr. Justice Gould and a jury. The judge declined to submit any question of fact to the jury, and directed a non-suit, and ordered the plaintiff’s exceptions to be heard in the first instance at the general term. The following are the controlling facts as stated by the general term: Eor half a century there has been a public highway leading from Sandlake to the city of Albany, passing through the village of Bath and…
1Opinion of the Court
By the court, E. Darwin Smith, J.
The questions involved in this case are of much practical importance.
The case presents a single, exception, upon the refusal of the circuit judge to direct a non-suit upon the whole evidence, after testimony had been given by the defendants, and both parties had rested. It was the right and duty of the circuit judge to direct a non-suit at that stage of the *101cause, if the plaintiff was not entitled to recover, and a verdict in his favor could not have been sustained.
The defendant may move for a non-suit when the plaintiff rests, or he may give testimony and…
2Cited by9 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
- Whiton v. Chicago & N. W. R.U.S. Circuit Court for the District of Eastern Wisconsin · 1870
- Ginnon v. New York & Harlem RailroadThe Superior Court of New York City · 1864
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