Cavanagh v. O'Neill
Appellate Division of the Supreme Court of the State of New York
Appeal.by the plaintiff, Catharine J. Cavanágh, 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 March, 1897, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury.
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Appeal.by the plaintiff, Catharine J. Cavanágh, 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 March, 1897, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury. The plaintiff, who was a salesgirl employed by the defendant in his store, sued to recover for personal injuries sustained through the alleged negligence of the defendant. On the 15th of December, 1892, the plaintiff was stationed at a counter which ran along in' front of a showcase,…
1Opinion of the Court
O’Brien, J.:
In determining the correctness of the ruling made in dismissing a complaint, it. has been many times said that all the facts proven must be taken most favorably for the plaintiff, and the dismissal cannot be supported unless the inferences to be drawn from the circumstances are certain and incontrovertible, and as to which persons cannot differ. In this case, therefore, the motion to dismiss should have been denied if any inferences from the facts warrant the conclusion that the defendant was negligent. ■ While the plaintiff contends that her proof justified the inference that in…
2Cited by2 opinions
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