Waldron v. . Fargo
New York Court of Appeals
Appeal from a judgment, entered June 2,1900,- in favor of defendant, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the verdict. The nature of the action and the facts, so. far as material, are stated in the opinion.
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Appeal from a judgment, entered June 2,1900,- in favor of defendant, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the verdict. The nature of the action and the facts, so. far as material, are stated in the opinion. Defendant made and was bound by a contract with plaintiff to transport the horses all the way to Bridgeport by express, and its breach of this condition by…
1Opinion of the CourtWerner, J.
As the trial court directed a verdict in favor of the defendant, our review of this case must be governed by the rule that “in determining the correctness of the decision, the party nonsuited or against whom a verdict is directed is entitled to the most favorable inferences dedncible from the evidence, and all contested facts are to be treated as established in his favor.” (Higgins v. Eagleton, 155 N. Y. 466; Ladd v. Aetna Ins. Co., 147 id. 478; Weil v. D. D., E. B. & B. R. R. Co., 119 id. 152; Rehberg v. Mayor, etc., of N. Y. 91 id. 137.)
The action was brought to recover damages for injuries…
2Cases cited4 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- Burtis v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1862
- Penn v. . Buffalo Erie R.R. Co.New York Court of Appeals · 1872
3Cited by13 opinions
- Miller v. . HarveyNew York Court of Appeals · 1917
- Clark v. . Ulster Delaware R.R. Co.New York Court of Appeals · 1907
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinCourt of Appeals of Kentucky · 1913
- Abend v. HabermanAppellate Division of the Supreme Court of the State of New York · 1953
- Ivison v. IvisonAppellate Division of the Supreme Court of the State of New York · 1903
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