Gordon v. . Ellenville Kingston R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 17, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term of the Hlster County Court.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 17, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term of the Hlster County Court. The nature of the action and the facts, so far as material, are stated in the opinion. ” The comity judge erred in directing a nonsuit and misinterpreted the doctrine laid down in the Bellinger case, and overlooked the real questions at issue that the plaintiff was at least entitled to have submitted to the jury. (Radcliffe v. Mayor, etc., 4…
1Opinion of the CourtWerner, J.
This action was brought to recover damages for a trespass alleged to have been committed by the defendant upon plaintiff’s farm lands. It was instituted in a Justice’s Court, where the defendant introduced no evidence and the plaintiff took judgment. Upon defendant’s appeal for a" new trial to the Ulster County Court, a motion for a nonsuit was granted at the close of the evidencé. Plaintiff then appealed to the Appellate Division, where the judgment entered upon the nonsuit was affirmed by a divided court, and the case is now before us upon plaintiff’s appeal.
The question to be decided is…
2Cases cited9 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Sullivan v. . DunhamNew York Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Flanagan v. Gregory & Poole, Inc.West Virginia Supreme Court · 1951
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Musumeci v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Leonard v. Nat Harrison Associates, Inc.District Court of Appeal of Florida · 1960
12 more not listed; retrieve them via the Exa API.