Auld v. Manhattan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John R. Auld, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bungs on the 26th day of January, 1898, upon the dismissal of his complaint by direction of the court after a trial at the New York Trial Term. ■
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for personal injuries caused by the defendant’s negligence. Upon the trial the plaintiff.was nonsuited, and from the judgment entered thereon he" has appealed.
*492In determining whether the learned trial court erred in thus summarily disposing of the case, the plaintiff is entitled to have the testimony considered in the manner most favorable to him, and he is also entitled to the benefit of any inference of fact that can fairly be drawn from it.. Turning then to the testimony as it appears in the record before us,, it will be found that…
2Cases cited4 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Stringham v. . StewartNew York Court of Appeals · 1885
- Brady v. Manhattan Railway Co.New York Court of Appeals · 1891
- Cavanagh v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Baruth v. Poughkeepsie City & Wappinger's Falls Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Hammond v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1918