Smith v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nicholas Smith, by his guardian ad litem,.Catherine Smith, from a judgment, of" the Supreme Court in favor . of the defendants, entered in the office of the clerk of the county of Nassau on the 8th day of May, 1901, upon an order of the Supreme Court made at the Nassau Trial Term and entered in the office of the clerk of the county of Nassau on the 8th day -of May 1901, vacating and setting aside the verdict of a jury .in favor of the plaintiff for…
Read the full summary
Appeal by the plaintiff, Nicholas Smith, by his guardian ad litem,.Catherine Smith, from a judgment, of" the Supreme Court in favor . of the defendants, entered in the office of the clerk of the county of Nassau on the 8th day of May, 1901, upon an order of the Supreme Court made at the Nassau Trial Term and entered in the office of the clerk of the county of Nassau on the 8th day -of May 1901, vacating and setting aside the verdict of a jury .in favor of the plaintiff for $500, and directing'a verdict in favor of the defendants dismissing the complaint.
1Opinion of the Court
Willard Bartlett, J.:
This is an action for negligence in which the tidal court submitted the case to the jury, and after a verdict of $500 had been rendered in favor of the plaintiff, entertained a motion to set aside the verdict upon a stipulation that should, the court decide to grant the motion, a verdict in favor of defendants might thereafter be directed with the same force and effect as though the jury were present.
This motion was subsequently decided in favor of the defendants, and a verdict was directed, upon which judgment was entered accordingly. From the order and judgment, the…
2Cases cited4 opinions
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Kettle v. . TurlNew York Court of Appeals · 1900
- McGuire v. BoardAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Allison v. Long Clove Trap Rock Co.Appellate Division of the Supreme Court of the State of New York · 1902