Legal Opinion
Iorio v. Murray
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 1939PublishedCited by 3 opinions
1Opinion of the CourtCallahan, J.
This was a trial had before court and jury. At the close of the plaintiff’s case the court reserved decision on defendant’s motion to dismiss the complaint. Thereafter, in the course of the testimony of the first witness called by the defendant, the court ruled upon the prior motion and dismissed the complaint. The question presented, therefore, is whether the plaintiff — considering his proof in the light of the most favorable inferences to be drawn therefrom— established a prima facie case.
Plaintiff was injured on October 3, 1933, while leaving the car of a subway train operated by…
2Cases cited3 opinions
- Ryan v. Manhattan Railway Co.New York Court of Appeals · 1890
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Lang v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by3 opinions
- Glover v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
- Johnson v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 2005
- Lucio Cannizzo and Lina Cannizzo v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1965