Tiedjen v. National Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louise Tiedjen, as administratrix, etc., • from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of March, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 30th day of March, 1910, denying the plaintiff’s motion for…
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Appeal by the plaintiff, Louise Tiedjen, as administratrix, etc., • from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of March, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 30th day of March, 1910, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
This is an appeal from a judgment entered On the dismissal of the complaint .at the close of the plaintiff’s case. Upon the’ former appeal (130 App. Div. 504) this court reversed a judgment entered upon a verdict for the plaintiff. Mr. Justice Houghton wrote a dissenting opinion in which I concurred. The facts were stated in that opinion, so that it is not now necessary to restate them.
For the reasons stated in that former opinion, upon the further fact that the judgment here under consideration was upon a dismissal of the complaint, and that, in my opinion, such a state of facts…
2Cases cited2 opinions
- Warren v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908
- Teidjen v. National Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Boyle v. Robinson Co.Appellate Division of the Supreme Court of the State of New York · 1912