Wirth v. . Burns Bros.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 6, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of the complaint at the close of plaintiff’s case was error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 6, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of the complaint at the close of plaintiff’s case was error. (Biondolillo v. Erie R. Co., 215 N. Y. 330; Higgins v. Eagleton, 155 N. Y. 466; Knapp v. Barrett, 216 N. Y. 226; Greany v. Long Island R. Co., 101 N. Y. 419, 423; Smith v. N. Y. C. & H. R. R.…
1Opinion of the CourtAndrews, J.
Walking easterly on the north side of Seventeenth street about half-past two of a clear afternoon, the plaintiff reached Second avenue. Wishing to cross he stood at the curb and looked to the north from which direction vehicles might be expected to come, and to the south. From the north an electric car and an automobile were approaching. Otherwise the avenue was clear. He waited until the automobile had passed and until the car was passing. Then looking again and seeing nothing he started to cross the avenue. He had gone about ten feet at a moderate gait when he was struck and injured by the…
2Cited by4 opinions
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- United States v. SchechterDistrict Court, E.D. New York · 1934
- Schultz v. FrostMichigan Supreme Court · 1940