Fisher v. Brooklyn Jockey Club
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John A. Fisher, from a judgment of the Supreme Court in favor of the defendant, The Brooklyn Jockey Club, entered in the office of the clerk of the county of Kings on the 10th day of August, 1899, upon the dismissal of the complaint as to said defendant by direction of the court after a trial before the court and a jury at the Kings County Trial Term, with notice of an intention to bring up for review upon such appeal so much of an order entered in…
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Appeal by the plaintiff, John A. Fisher, from a judgment of the Supreme Court in favor of the defendant, The Brooklyn Jockey Club, entered in the office of the clerk of the county of Kings on the 10th day of August, 1899, upon the dismissal of the complaint as to said defendant by direction of the court after a trial before the court and a jury at the Kings County Trial Term, with notice of an intention to bring up for review upon such appeal so much of an order entered in said clerk’s office on the 16th day of August, 1899, as denied the plaintiff’s motion for a new trial against the…
1Opinion of the Court
Willard Bartlett, J. :
Upon the trial of this action, after the case had been opened by counsel for the plaintiff, the learned trial judge remarked that he *448did not perceive any cause of action, and thereupon dismissed the complaint upon the pleadings and the opening. This dismissal was in favor of both defendants. The plaintiff subsequently moved for a new trial on the minutes, and the application was granted as against the defendant Lawrence Van Siclen, but was denied as against the Brooklyn Jockey Club. In disposing of the motion the learned trial judge expressed the opinion that although a…
2Cases cited3 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Sheridan v. . JacksonNew York Court of Appeals · 1878
- Meehan v. MorewoodNew York Supreme Court · 1889
3Cited by2 opinions
- Fogarty v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1901
- Cullen v. ThomasAppellate Division of the Supreme Court of the State of New York · 1912