Mills v. Bunke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theodore Mills, as administrator, etc., of Walter S. Mills, deceased, from a- judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the tth day of Rovember, 1898, upon the dismissal of the complaint at the close of the plaintiff’s ;casep by direction- of the court after a trial before the court and a jury at: the-Westchester Trial Term.
1Opinion of the Court
Woodward, J.:
• The plaintiff brings this action as the administrator of the goods, etc., which were of Walter S. Mills, deceased, demanding judgment against the defendants for “ carelessly, negligently and wrongfully ” causing the death of his intestate. The learned court at Trial Term dismissed the complaint, on motion, at the close of plaintiff’s evi- ' dence, and from the judgment entered, appeal comes to this court.
The rule is well established that in reviewing a judgment for defendant entered upon a nonsuit, plaintiff is entitled to the benefit of every fact that the jury could have…
2Cases cited9 opinions
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Benoit v. . Troy Lansingburgh R.R. Co.New York Court of Appeals · 1897
- Jex v. . StrausNew York Court of Appeals · 1890
- Moynahan v. . WheelerNew York Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911
- Stapleton v. ButenskyAppellate Division of the Supreme Court of the State of New York · 1919
- Farber v. RoginskyAppellate Division of the Supreme Court of the State of New York · 1907
- Hall v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
4 more not listed; retrieve them via the Exa API.