Graves v. Santway
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Flora E. Graves against Frederick L. Santway, a physician, for alleged malpractice. Verdict, $500 for the plaintiff. Motion for a new trial on the minutes, on the grounds—“First, that the verdict is contrary to law; second, that the verdict is contrary to the facts; and, third, on exceptions taken at the trial.” Appeal from the order denying the motion for a new trial, and also from the judgment entered upon the verdict.
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Appeal from circuit court, Jefferson county. Action by Flora E. Graves against Frederick L. Santway, a physician, for alleged malpractice. Verdict, $500 for the plaintiff. Motion for a new trial on the minutes, on the grounds—“First, that the verdict is contrary to law; second, that the verdict is contrary to the facts; and, third, on exceptions taken at the trial.” Appeal from the order denying the motion for a new trial, and also from the judgment entered upon the verdict. When the plaintiff rested, the defendant moved for a nonsuit “on the ground that the plaintiff has failed to prove a…
1Opinion of the CourtHardin, P. J.
1. When the plaintiff rested, the defendant moved for a non-suit “on the ground that plaintiff has failed to prove a cause of action.” The motion was denied, and the defendant excepted. In considering the question of law presented by the exception, the plaintiff is entitled to have the evidence construed in a manner most favorable to her position. “All that the evidence in any way tends to prove must be deemed as fully proved; every fact which the testimony and reasonable inferences from it conduce to establish must be assumed to be established. The question could not be, taken from the jury,…
2Cases cited3 opinions
- Bellinger v. CraigueNew York Supreme Court · 1860
- Blumenthal v. . BloomingdaleNew York Court of Appeals · 1885
- Hurd v. . CookNew York Court of Appeals · 1878
3Cited by1 opinion
- Lorenz v. JacksonNew York Supreme Court · 1895