Graves v. Santway
New York Supreme Court
Appeal from a judgment entered on a verdict. Action against a physician for malpractice. The defendant, when plaintiff rested, moved for a nonsuit on the ground that plaintiff had failed to prove a cause of action. The motion was denied and the defendant took the following exceptions. “First.
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Appeal from a judgment entered on a verdict. Action against a physician for malpractice. The defendant, when plaintiff rested, moved for a nonsuit on the ground that plaintiff had failed to prove a cause of action. The motion was denied and the defendant took the following exceptions. “First. To that branch of the charge submitting to and instructing the jury to find whether defendant used,diligence and reasonable knowledge and care to ascertain if it was a proper operation under the circumstances of the case. “ Second. To that branch of the charge submitting whether defendant used reasonable…
1Opinion of the CourtHardin, P. J.
First. When the plaintiff rested, the defendant moved for a nonsuit “ 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…
2Cases cited18 opinions
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Bellinger v. CraigueNew York Supreme Court · 1860
- Carpenter v. . BlakeNew York Court of Appeals · 1878
- Searight v. StokesSupreme Court of the United States · 1845
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