Thies v. Thomas
New York Supreme Court
Action by Frank H. Thies, as administrator of Henry Thies, deceased, against Edward R. Thomas, to recover damages caused by defendant’s having run over deceased, a boy between six and seven years of age, with his automobile. Judgment for plaintiff, and new trial denied.
1Opinion of the CourtFreedman, J.
Gentlemen of the Jury: The fact that I denied the defendant’s motion for a dismissal of the complaint, and that I denied the defendant’s motion for a direction of a verdict, must not be taken by you as an indication that I thereby meant that the plaintiff is entitled to a verdict in any event. All that these rulings meant was that the case is one which is to be disposed of by the jury upon conflicting facts, and upon the inferences to be drawn from the facts as they may be found to be true. It is, therefore, a case upon which the jury may find either way, as they may determine the facts. The…
2Cited by18 opinions
- O'Dowd v. NewnhamCourt of Appeals of Georgia · 1913
- Meyers v. BradfordCalifornia Court of Appeal · 1921
- Winckowski v. DodgeMichigan Supreme Court · 1914
- Walmer-Roberts v. HennesseySupreme Court of Iowa · 1921
- Hillebrant v. ManzWashington Supreme Court · 1912
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