Caspers v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Paul Caspers, 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 23d day of March,, 1897, as amended by an order entered in said clerk’s office on the 5th day of April, 1897, upon a nonsuit granted by the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 7th day of April, 1897, denying the-plaintiff’s motion for…
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Appeal by the plaintiff, Paul Caspers, 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 23d day of March,, 1897, as amended by an order entered in said clerk’s office on the 5th day of April, 1897, upon a nonsuit granted by the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 7th day of April, 1897, denying the-plaintiff’s motion for a new trial made upon' the minutes.
1Opinion of the Court
Patterson, J.:
This is an action to recover damages for personal injuries sustained' by the plaintiff while a passenger upon one of the defendant’s cars. It is alleged that such injuries were caused by the negligence of the servants of the defendant in charge of the car. At the close of the plaintiff’s case the defendant moved for a nonsuit on the grounds,, among others, that no negligence on the part of the defendant had been proven, and that contributory negligence on the part of the plaintiff was established by his own testimony. The case rested altogether upon evidence introduced by the…
2Cases cited3 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Moylan v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
3Cited by5 opinions
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Harris Structural Steel Co. v. ChapmanCity of New York Municipal Court · 1937
- Bail v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1911
- Goldwasser v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900
- Griffith v. Metropolitan Street Railway Co.New York Supreme Court · 1900