Hulse v. Town of Goshen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John D. Hulse, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 15th day of June, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term.
1Opinion of the Court
Woodward, J.:
The plaintiff was nonsuited, and upon this appeal is entitled to the most favorable construction which the jury might have placed upon the evidence, but under this favorable rule, we are of opinion that the plaintiff has failed to establish facts entitling him to go to the jury. The action is to recover damages for the loss of service of the plaintiff’s wife, who was injured in an accident alleged to have been due to the negligence of the defendant. Assuming that the pleadings and the evidence show that there was a large rock, approximately two feet square, within the highway…
2Cases cited1 opinion
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
3Cited by3 opinions
- Sweet v. . PerkinsNew York Court of Appeals · 1909
- Sautter v. Utica City National BankNew York Supreme Court · 1904
- Sautter v. Utica City National BankAppellate Division of the Supreme Court of the State of New York · 1907