Sundheimer v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1903, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1903, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. This being an appeal from a direction of a verdict by the court, the appellant is entitled to the most favorable inferences deducible from the evidence, and all contested facts are to be deemed established in 1ns favor. (Ladd v. Ins. Co., 147 N. Y. 478; McDonald v. M. St. R. Co., 167 N. Y.…
1Opinion of the CourtBartlett, J.
This action was brought to recover for injury to personal property caused by the flooding of the premises No. 716 East 169th street, between Washington and Park avenues, in the borough of the Bronx, city of New York, on the 24th day of August, 1901.
The sole question presented by this appeal is whether the plaintiff offered any evidence that should have been submitted to the jury.
The -plaintiff, in attacking the judgment dismissing the com plaint, is entitled to the most favorable inferences dedueible from the evidence, and all disputed facts are to be treated as established in his favor.…
2Cases cited8 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Bagley v. . BoweNew York Court of Appeals · 1887
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lewis v. Guardian Fire & Life Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Walsh v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905