Legal Opinion

Winter v. Crosstown Street Railway

Superior Court of Buffalo

Decided May 3, 1894Published

Appeal from an order denying a motion for a new trial made on the minutes of the court.

1Opinion of the CourtHatch, J.

The ground upon which this motion is made, as stated in the notice of motion, is that the court erred in granting a nonsuit, and in not allowing plaintiff to go to the jury. Plaintiff therefore seeks to present for determination an exception to a *599ruling upon a question of law. ¡No judgment was entered, and consequently there is no appeal from one, although the notice of appeal speaks of a judgment. Defendant insists that as there is no judgment appealed from, and no case made, the record presents no question for review. Code Civ. Proc. § 999, authorizes the 2notion for a new trial based upon…

2Cases cited5 opinions

  1. Aldridge v. . AldridgeNew York Court of Appeals · 1890
  2. Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
  3. Ward v. Rochester Electric Railway Co.New York Supreme Court · 1892
  4. Howe v. WoolseyNew York Court of Common Pleas · 1894
  5. Mullenhoff v. ShererSuperior Court of Buffalo · 1888

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