Henson v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eva Henson, as administratrix, etc., from a judgment of the Supreme Court in. favor of the defendant, entered in the office of the clerk of the county-of Ontario on the 31st day of January, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Ontario Trial Term, and also from an order entered in said clerk’s office on the 19th day of November, 1906, denying the plaintiff’s motion…
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Appeal by the plaintiff, Eva Henson, as administratrix, etc., from a judgment of the Supreme Court in. favor of the defendant, entered in the office of the clerk of the county-of Ontario on the 31st day of January, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Ontario Trial Term, and also from an order entered in said clerk’s office on the 19th day of November, 1906, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
At the close of plaintiff’s evidence the court granted defendant’!» motion for a nonsuit, saying that “ the causes of the accident are purely speculative, and I cannot see where there is any evidence here by which we can rightfully infer, where an inference could be rightfully drawn, either that the decedent had been free from contributory negligence, or that the defendant had been negligent in any duty that it owed to its employee; and for these reasons I deem it my duty to grant this motion for a nonsuit.” '
On this appeal counsel for respondent does not suggest that plaintiff’s…
2Cases cited2 opinions
- Grant v. . Pennsylvania and New York Canal and Rd. Co.New York Court of Appeals · 1892
- Owen v. Retsof Mining Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Schaefer v. HouckAppellate Division of the Supreme Court of the State of New York · 1918