Griffiths v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Griffiths, an infant, by Henry W. Griffiths, his guardian ad litem, 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 17th day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 10th day of October, 1900, setting aside the verdict of…
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Appeal by the plaintiff, Harry Griffiths, an infant, by Henry W. Griffiths, his guardian ad litem, 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 17th day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 10th day of October, 1900, setting aside the verdict of a jury in favor of the plaintiff for $5,000 and dismissing the complaint.
1Opinion of the Court
Ingraham, J.:
This case comes before us upon an appeal from a dismissal of the complaint upon a trial before a jury. After the testimony was completed the defendant moved to dismiss the complaint upon the ground that the plaintiff had not shown by preponderance of proof that he was free from contributory negligence, and that the accident was caused solely by the negligence of the defendant. The court reserved the decision of this motion until after the jury should have passed upon specific questions submitted to them. The jury answered these questions in favor of the plaintiff, finding that…
2Cited by6 opinions
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