Rush v. Joseph H. Bauland Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term. Action by Ellen M. Rush, an infant, by Elizabeth Rush, her guardian ad litem, against the Joseph H. B.auland Company. From a judgment of nonsuit, dismissing the complaint at the close of plaintiff’s case, and from an order denying a new trial, she appeals.
1Opinion of the CourtJenks, J.
The plaintiff attacks this judgment armed with the most favorable inferences from the evidence, and with all disputed facts as if established in her favor. Place v. N. Y. C. & H. R. R. Co., 167 N. Y. 345, 60 N. E. 632. If there was evidence, in law, which, if believed by the jury, would have sustained a verdict for the plaintiff, then the nonsuit- was error. Colt v. Sixth Ave. R. Co., 49 N. Y. 671, approved in McDonald v. Met. St. Ry. Co., 167 N. Y. 66, 60 N. E. 282; Place v. N. Y. C. & H. R. R. Co., supra. The following facts could have been found upon the evidence: In the afternoon of June…
2Cases cited12 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Barker v. . SavageNew York Court of Appeals · 1871
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Brooks v. . SchwerinNew York Court of Appeals · 1873
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