Lentino v. Port Henry Iron Ore Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Port Henry Iron Ore Company, from an order of the. Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 6th day of April, 1901, setting aside a previous direction of the court dismissing the plaintiff’s complaint, and also vacating an order theretofore entered in the action which denied the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J. :
At the close of the plaintiff’s case upon the trial of an action for negligence, the learned trial justice dismissed the plaintiff’s complaint and denied the plaintiff’s motion for a new trial made upon the minutes. On reconsideration and after hearing argument and examining briefs submitted on either side, the learned trial justice concluded that such disposition of the case was erroneous, and he thereupon granted an order setting aside the dismissal of the complaint, vacating the order denying the motion for a new trial, and granting a new trial, with cpsts to the plaintiff…
2Cases cited3 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Kiras v. Nichols Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- Muhlens v. ObermeyerAppellate Division of the Supreme Court of the State of New York · 1903
- Brady v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Ristau v. E. Frank Coe Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Convey v. FinnAppellate Division of the Supreme Court of the State of New York · 1909
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