Knieriem v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph A. Knieriem, 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 25th day of Hay, 1905," upon the dismissal of the complaint by direction of the court at the New York Trial Term.
1Opinion of the Court
Clarke, J.:
Appeal from a judgment dismissing the complaint upon motion made immediately after the jury was sworn and before the taking *710of any evidence,, upon the concession of counsel that for the purposes of,the motion the loss of the .property and the negligence of' the defendant were admitted. Upon this appeal, therefore, the case is to be treated as if defendant had demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, ■ ¡ -.
The complaint alleges that the defendant was a common carrier of passengers, operating a steam railroad…
2Cases cited4 opinions
- Carpenter v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1891
- Adams v. . New Jersey Steamboat Co.New York Court of Appeals · 1896
- Cohen v. FrostThe Superior Court of New York City · 1853
- Weeks v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1878
3Cited by4 opinions
- Repp v. Indianapolis, Columbus & Southern Traction Co.Indiana Supreme Court · 1916
- Posner v. New York Central RailroadCity of New York Municipal Court · 1935
- Borden v. New York Central RailroadCity of New York Municipal Court · 1917
- Knieriem v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911