McGovern v. Standard Oil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court, Onondaga county. Action by Peter McGovern, as administrator of the estate of Hugh McGovern, deceased, against the Standard Oil Company of Hew York, to recover for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for new trial made on the minutes, defendant appeals.
1Opinion of the CourtHardin, P. J.
When the plaintiff rested, the defendant stated several grounds upon which it claimed a nonsuit, and its motion in that regard was denied, and an exception was taken. At the close of the entire evidence the motion for a nonsuit was renewed on the same grounds, and the attention of the court was called specifically to the claim of the defendant that the plaintiff was guilty of contributory negligence. The motion was denied, and the case does not show an exception taken to the decision made by the trial judge. The case was then submitted to the jury in an extensive charge, presenting the…
2Cases cited11 opinions
- Clancy v. . ByrneNew York Court of Appeals · 1874
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Hart v. . GrennellNew York Court of Appeals · 1890
- Larkin v. . O'NeillNew York Court of Appeals · 1890
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