Blyth v. J. M. Quinby & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. Blyth, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 12th day of May, 1911, setting aside a verdict in favor of the plaintiff and dismissing the complaint upon the merits, and also from a judgment entered in said clerk’s office on the 19th day of May, 1911, pursuant to said order.
1Opinion of the Court
Scott, J.:
Plaintiff appeals from an order setting aside the verdict in his favor and dismissing his complaint upon the merits, and from the judgment of dismissal entered thereon.
The action is for damages resulting, as it is alleged, from the negligence of defendant’s servant. At the close of the plaintiff’s case a motion was made to dismiss the complaint, which was denied. At the close of the whole case a motion was again made to dismiss the complaint. Upon this motion the *872court reserved decision, and the plaintiff excepted. The case was then sent to the jury, which rendered a verdict in…
2Cases cited4 opinions
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Hoey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Russell v. RhinehartAppellate Division of the Supreme Court of the State of New York · 1910
- Roosevelt v. NusbaumAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by6 opinions
- Kagan v. AvalloneAppellate Division of the Supreme Court of the State of New York · 1935
- Gunn v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Unger v. Belt Line Railway Corp.Appellate Division of the Supreme Court of the State of New York · 1918
- Buffinton v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1928
- Herman v. RobertsAppellate Division of the Supreme Court of the State of New York · 1917
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