Sunderlin v. Hollister
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Helen M. Sunderlin, for a new trial on a case containing exceptions, ordered to be heard at the General Term in the first instance upon a nonsuit granted by the court after a' trial before the court and a jury at the Cayuga Circuit on the 7th day of January, 1895. ■ At the Cayuga Circuit the plaintiff’s complaint- was dismissed at .the close of the evidence upon a motion made by the defendants .upon the following grounds: • - ■ First.
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Motion by the plaintiff, Helen M. Sunderlin, for a new trial on a case containing exceptions, ordered to be heard at the General Term in the first instance upon a nonsuit granted by the court after a' trial before the court and a jury at the Cayuga Circuit on the 7th day of January, 1895. ■ At the Cayuga Circuit the plaintiff’s complaint- was dismissed at .the close of the evidence upon a motion made by the defendants .upon the following grounds: • - ■ First. That no negligence had been shown. on the part of the defendants or either of them. • . Second. That the plaintiff had been guilty of…
1Opinion of the Court
Hardin, P. J.:. Inasmuch, as the plaintiff’s complaint was dismissed at the trial she is. entitled- to the most favorable view of the evidence, and the inferences that are definable therefrom in the review of the decision made at the time her complaint was dismissed. (Raabe v. Squier, 148 N. Y. 87; Hanover Bank v. American Dock & Trust Co., Id. 619.) On the afternoon of the 17th of November, 1893, the plaintiff, in company with her sister, Mrs. Davis, visited the store of the defendants for the purpose of purchasing a pair of rubber shoes. They entered the store from Market street and passed…
2Cases cited10 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Beck v. . CarterNew York Court of Appeals · 1877
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- McRickard v. . FlintNew York Court of Appeals · 1889
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
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3Cited by5 opinions
- McNally v. OakwoodAppellate Division of the Supreme Court of the State of New York · 1924
- Brugher v. BuchtenkirchAppellate Division of the Supreme Court of the State of New York · 1898
- McGovern v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Brugher v. BuchtenkirchAppellate Division of the Supreme Court of the State of New York · 1898
- McGovern v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1896