Dumes v. Sizer
Appellate Division of the Supreme Court of the State of New York
Action by Philip Dumes against William S. Sizer for personal injuries. Motion by plaintiff for a new trial on exceptions, ordered to be heard by this court, in the first instance, on the granting of defendant’s motion for a nonsuit. Granted.
1Opinion of the CourtAdams, J.
In moving for a nonsuit at the close of the plaintiff’s evidence, the defendant’s counsel insisted, as he does now, *930that there was a total failure upon the part of the plaintiff to prove the absence of contributory negligence, and that this, of itself, afforded sufficient reason for granting the motion. It is apparent, however, that this contention very properly received little or no consideration from the trial court; for it seems quite clear that the question of the plaintiff’s own negligence was one for the jury to consider, whatever view may be taken respecting the real ground upon which…
2Cases cited5 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Grant v. . Pennsylvania and New York Canal and Rd. Co.New York Court of Appeals · 1892
- Moran v. Racine Wagon Co.New York Supreme Court · 1893
3Cited by1 opinion
- Allen v. BanksAppellate Division of the Supreme Court of the State of New York · 1896