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.
1Dissent
McLaughlin, J. (dissenting):
I am unable to concur in the opinion- of Mr. Justice Clarke. The -rule of" law which lie invokes has, as it seems to me,, ho application. The complaint was dismissed at the opening of the trial, and to determine whether error was committed in making this disposition of it the ruling must be considered in', practically the same Way it Would have to be if the complaint had been dismissed at the close of the trial, plaintiff having established by proof every fact alleged. . .
The obligation assumed by the defendant when it accepted the plaintiff as a passenger Was to…
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
- Weeks v. . N.Y., N.H. and H.R.R. Co.New York Court of Appeals · 1878
- Hillis v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887