Legal Opinion

Wyllie v. . Palmer

New York Court of Appeals

Decided February 28, 1893PublishedCited by 104 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment dismissing the complaint entered upon a nonsuit directed at Circuit.’ This action was brought to recover damages for alleged negligence on the part of defendants.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment dismissing the complaint entered upon a nonsuit directed at Circuit.’ This action was brought to recover damages for alleged negligence on the part of defendants. The facts, so far as material, are stated in the opinion. in any view of the evidence, a verdict might justly have been for the plaintiffs, this case should not have been taken from the jury. (Sheridan v. R. R. Co., 36 N. Y. 39; Train v. Holland, 62 id. 598; Pratt v.…

1Opinion of the CourtO’Brieu, J.

The plaintiffs in this case having been non-suited at the trial, the general inquiry upon this appeal is whether they were entitled to have the case submitted to the jm7-

The plaintiffs are husband and wife and they sought to recover damages for an injury to the wife by the discharge of a rocket, while she was witnessing a display of fireworks at a Fourth of July celebration in Auburn, July 4, 1888. It is claimed that the defendants stood in such legal relations to the transaction as to become liable for the injury. They are partners in the business of manufacturing and selling fireworks at…

2Cases cited6 opinions

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  2. Butler v. . TownsendNew York Court of Appeals · 1891
  3. Loop v. . LitchfieldNew York Court of Appeals · 1870
  4. Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
  5. The Arctic Fire Ins. Co. v. . AustinNew York Court of Appeals · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by104 opinions

  1. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  2. Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
  3. Denton v. Yazoo & Mississippi Valley RailroadSupreme Court of the United States · 1932
  4. Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
  5. Irwin v. KleinNew York Court of Appeals · 1936

99 more not listed; retrieve them via the Exa API.

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