Legal Opinion

Zimmerman v. Union Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 11 opinions

Appeal by the plaintiff, Philip Zimmerman, as administrator, etc., of Lawrence Zimmerman, deceased, from a .judgment of the Supreme Court in favor of- the defendant, entered in the office of the clerk of the county of Westchester on the 19th day of October, 1895, upon the dismissal' of the complaint directed by the court after a trial before the court and a jury at the Westchester Circuit.

1Opinion of the Court

Cullen, J.:

• A preliminary objection is made that we cannot review the decision of the trial court granting a nonsuit, because the record before us does not show that the case contains all the evidence. The statement in the record is, that the case contains all the testimony taken on the trial. Assuming that the term “ testimony ” is not the equivalent of “ evidence,” as has been held in the first *220department, which, however, we are not prepared to concede, it does not affect the question before us. As the plaintiff seeks review of a question of law only, no certificate that the case contains…

2Cases cited3 opinions

  1. Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
  2. In re Shipman's EstateNew York Supreme Court · 1889
  3. Brown v. JamesAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by11 opinions

  1. Brozek v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
  2. Bresky v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  3. Frank v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
  4. Zimmermann v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
  5. Brooks v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906

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