Thomas E. White & Co. v. Joline
New York Supreme Court
Appeal by the defendants from a judgment of the Municipal Court of the city of Rew York, third district, borough of Manhattan, in favor of the plaintiff, rendered after a trial by the court without a jury.
1Opinion of the CourtGiegerich, J.
This is an action to recover damages for an injury to a truck belonging to the plaintiff. The truck *157was injured in a collision with a street car operated by the defendants as receivers of the railway company.
The defendants answered the complaint by a denial of all the allegations concerning the injury and the manner in which it was caused.
The defendants offered no evidence but, at the close of the plaintiff’s case, moved for a non-suit on the ground that the plaintiff had failed to prove either negligence on the part of the defendants or its own freedom from contributory negligence. The court…
2Cases cited3 opinions
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- Loudoun v. Eighth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897