Rusk v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff,. entered in the office of the clerk of the county of New York on the 16th day of March, 1899, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 17th day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant.
The plaintiff had a verdict of $2,500, and from the judgment entered thereon the defendant has appealed. At the trial, at the close of plaintiff’s case, the defendant moved for a dismissal of the complaint, which motion was denied, and the defendant excepted. After the denial of this motion, the defendant rested without offering any evidence.
The question presented, therefore, is whether, giving to the plaintiff the benefit of every…
2Cases cited3 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- O'Keeffe v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Walker v. Memorial HospitalSupreme Court of Virginia · 1948
- Mattson v. St. Luke's HospitalSupreme Court of Minnesota · 1958
- Valentine v. StateNew York Court of Claims · 1950
- McAuley v. United Cigar Stores Co. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- McGuire v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1905
3 more not listed; retrieve them via the Exa API.