Rankert v. Town of Junius
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida A. Rankert, frtim a.judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 10th day of October, 1896, upon a dismissal of the complaint directed by the court after a trial at the Wayne Trial Term, and also from an order entered in said clerk’s office on the 9th day of November, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. [No order denying the motion…
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Appeal by the plaintiff, Ida A. Rankert, frtim a.judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 10th day of October, 1896, upon a dismissal of the complaint directed by the court after a trial at the Wayne Trial Term, and also from an order entered in said clerk’s office on the 9th day of November, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. [No order denying the motion for a new trial appears in the appeal book.] This action was brought to recover damages for an injury to the plaintiff,…
1Concurrence
Hardin, P. J.:
I am inclined to the. conclusion that there was evidence upon which the jury might have found defendant’s negligence and plaintiff free from negligence,- and so I favor a new trial. (See Maxim v. Town of Champion, 50 Hun, 88; S. C. affd., 119 N. Y. 626; Warner v. Village of Randolph, 18 App. Div. 461; Lane v. Town of Hancock, 142 N. Y. 515.) •
2Cases cited2 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Warner v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1897