Blyth v. J. M. Quinby & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. Blyth, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 12th day of May, 1911, setting aside a verdict in favor of the plaintiff and dismissing the complaint upon the merits, and also from a judgment entered in said clerk’s office on the 19th day of May, 1911, pursuant to said order.
1DissentClarke, J.
This action was brought to recover damages alleged to have been suffered by the plaintiff by reason of the negligence of defendant’s agent or servant in driving an automobile against him. We are satisfied that the verdict of the jury was properly set aside. The only question is one of practice.
At the close of the evidence the defendant moved to dismiss the complaint upon the ground that no negligence on the part of the defendant was shown, but that contributory negligence on the part of the plaintiff had been shown. This, motion was denied and an exception taken. Defendant also moved to dis*875mis…
2Cases cited5 opinions
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Hoey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Russell v. RhinehartAppellate Division of the Supreme Court of the State of New York · 1910
- Levy v. Grove Mills Paper Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Antes v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1906