Legal Opinion

Freeman v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 7 opinions

Appeal by the defendant, The Brooklyn Heights Railroad Company, from an. order of the Supreme Court, entered in the office of the clerk of the county of Kings on the 14th day of February, 1900, vacating and setting aside a prior order, dismissing the plaintiff’s complaint.

1Opinion of the Court

Woodward, J.:

This action is brought to recover damages for injuries sustained by the plaintiff through the alleged tiegligence of the defendant. At the close of plaintiff’s case, and again at the close of the testimony, defendant moved to dismiss the complaint on the ground that the plaintiff had failed to show that the defendant was negligent; that he had failed to show that he was free from contributory negligence, and that he had failed to make a cause of action against the defendant. This motion was denied, and was followed by a discussion between the court and counsel for the respective…

2Cases cited4 opinions

  1. Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
  2. Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
  3. Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900

3Cited by7 opinions

  1. Sheffield Co. v. MortonSupreme Court of Alabama · 1909
  2. Minter v. San Diego Consolidated Gas & Electric Co.California Supreme Court · 1919
  3. Robertson v. Rockland Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1919
  4. Ferrari v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1928
  5. Lamb v. Consumers Power Co.Michigan Supreme Court · 1938

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