Sullivan v. Brooks
New York Court of Common Pleas
Appeal from city court, general term. Action by John Sullivan against William Brooks and Thomas J. Brooks to recover for personal injuries. From a judgment of the city court (28 N. Y. Supp. 1150) affirming a judgment for plaintiff, defendants appeal.
1Per curiam
We find that there was no motion by defendants to dismiss the complaint at the close of the case. A failuré to make such a motion or ask for a direction of a verdict, and failing to object to the submission of the case to the jury, is a concession that there is evidence tending to prove the facts alleged, and is a consent to the decision of the question by the jury, and precludes the defeated party taking the position upon appeal that the verdict is without evidence, and therefore against law. Barrett v. Railroad Co., 45 N. Y. 628, 632. Nor can the appellants, in view of the failure to make…
2Cases cited3 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Bogk v. GassertSupreme Court of the United States · 1893
- Wilson v. Haley Live Stock Co.Supreme Court of the United States · 1894
3Cited by6 opinions
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Machauer v. FogelAppellate Terms of the Supreme Court of New York · 1897
- Hardy v. EagleAppellate Terms of the Supreme Court of New York · 1898
- Kaufman v. CanaryAppellate Terms of the Supreme Court of New York · 1897
- Fraser v. Alpha Combined Heating & Lighting Manufacturing Co.City of New York Municipal Court · 1898
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