Whalen v. New York & S. I. Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court of city of New York. Action by John Whalen against the New York & Staten Island Electric Company. From a judgment entered on a verdict directed for the defendant, plaintiff appeals. Reversed.
1Opinion of the CourtHirschberg, J.
The disposition of this case in the court below was clearly erroneous. The court directed a verdict for the defendant, and the judgment entered thereon cannot stand if there is any evidence requiring a submission to the jury. In determining that question, the plaintiff is entitled to have that view of the evidence adopted which is most favorable to him. The action is brought to recover damages for the alleged wrongful acts of the defendant in the abuse of a horse belonging to the plaintiff, which the defendant hired, and returned in a dying condition. The occurrence was on January 6, 1900.…
2Cited by10 opinions
- People ex rel. Citizens' Lighting Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Greenwood v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1902
- Hotel Syracuse, Inc. v. Motel Syracuse, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- State Council of the Junior Order of United American Mechanics v. National Council of the Junior Order of United American Mechanics of North AmericaNew Jersey Court of Chancery · 1906
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1913
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