Tupper v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from city court of New York, general term. Action by Arlington R. Tupper against the Metropolitan Street Railway Company. From a judgment of the general term of the city court of the city of New York affirming a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtScott, J.
This is an action for damages for the alleged negligence of defendant. The complaint was dismissed at the close of the plaintiff’s case. He is therefore entitled to the benefit of all the facts and inferences which may be drawn from the evidence most favorable to his contention. Eastland v. Clarke, 165 N. Y. 425, 59 N. E. 202. The burden rested upon the plaintiff to show that the defendant’s servants were guilty of some negligence contributing to the accident, .and that he was free from such negligence. If the evidence showed conclusively either that the defendant was wholly free from…
2Cases cited4 opinions
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Dunican v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Schulman v. Houston, W. S. & P. F. RailroadThe Superior Court of the City of New York and Buffalo · 1895