Moore v. Otto Gas Engine Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael E. Moore, from a judgment of the Supreme Court in favor of the defendant, entered in'the office of the clerk of the county of Suffolk on the 19th day of June, 19:09, upon the dismissal of .the complaint by direction of the court after a trial at the Suffolk Trial Term, the verdict of a jury theretofore rendered in favor of the plaintiff having been set aside, and also from an order entered in said clerk’s office on the 15th day of Jume, 1909,…
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Appeal by the plaintiff, Michael E. Moore, from a judgment of the Supreme Court in favor of the defendant, entered in'the office of the clerk of the county of Suffolk on the 19th day of June, 19:09, upon the dismissal of .the complaint by direction of the court after a trial at the Suffolk Trial Term, the verdict of a jury theretofore rendered in favor of the plaintiff having been set aside, and also from an order entered in said clerk’s office on the 15th day of Jume, 1909, setting aside the verdict and directing the dismissal of the complaint. ■ ' ■ ■
1Opinion of the Court
Burr, J.:
At the' close .of the entire evidence defendant moved to dismiss the complaint. Decision upon such motion was reserved, and the case was submitted to the jury, which found a verdict in favor of the plaintiff. Thereafter the learned justice who presided at tire trial set such verdict aside and granted the motion to dismiss, and from such order and the judgment, entered thereon this appeal is taken.
Tire ground .of the . action was negligence of the defendant in connection with the jDerformance of certain work-which it undertook for the plaintiff.. In 'April, 1908, plaintiff was the…
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- Merlino v. Fresno MacAroni Manufacturing Co.California Court of Appeal · 1946
- Otto Gas Engine Works v. MooreAppellate Division of the Supreme Court of the State of New York · 1910