Morse v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Dutchess County. Action by Albert Morse against the New York Central & Hudson River Railroad Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtRich, J.
At the close of the evidence a motion was made by counsel for the defendant to dismiss the complaint, which was de*658nied by the trial court, without prejudice to its renewal thereafter. The issues involved were submitted to the jury, and after their failure to agree upon a verdict, upon the renewal of the motion, the complaint was dismissed.
It is evident that the judgment appealed from is based upon the legal assumption that plaintiff was shown to have been guilty of contributory negligence by evidence so clear and definite as to compel the legal conclusion that he could not have been injured…
2Cases cited2 opinions
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900