Smith v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Emily Smith, as administratrix, etc., of Thomas Smith, deceased, from a judgment of the Court of Common Pleas for the city and county of .New York in favor of the defendant, entered in the office of the clerk of said court on the 10th day of December, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and a jury.
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Appeal by the plaintiff, Sarah Emily Smith, as administratrix, etc., of Thomas Smith, deceased, from a judgment of the Court of Common Pleas for the city and county of .New York in favor of the defendant, entered in the office of the clerk of said court on the 10th day of December, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and a jury. The action was brought to recover the damages resulting from the death of the plaintiffs intestate, alleged to have been caused by the negligence of the defendant. At the time of the accident resulting in the…
1Opinion of the Court
Williams, J.:
The learned court was not justified in dismissing the complaint either upon the ground of a failure of proof of negligence on the part' of the defendant, or on the ground of failure of proof of absence of contributory negligence on the part of the deceased. In considering whether the complaint should have been dismissed without a submission of the case to the jury, the plaintiff is. entitled to have the benefit of the facts most favorable to her which the jury would have been justified in finding upon the evidence. The jury and not the court were to determine what the real facts…
2Cases cited3 opinions
- Barker v. . SavageNew York Court of Appeals · 1871
- Belton v. . BaxterNew York Court of Appeals · 1874
- Wendell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
3Cited by6 opinions
- Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Lofsten v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Schoenfeld v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
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