Legal Opinion

Dillon v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.

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

Decided July 1, 1898PublishedCited by 6 opinions

Motion by the defendant, the Forty-second Street, Manhattan-ville and St. Nicholas Avenue Railway Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the plaintiffs rendered after a trial at the New York Trial Term.

1Opinion of the Court

Patterson, J.:

The only subject requiring consideration is that of the correctness of the refusal of the trial judge to dismiss the complaint. He was asked to do so at the close of the plaintiffs’ evidence in chief, and again at the close of all the proofs. The action was originally brought by the plaintiffs’ testator to recover for personal injuries alleged to have been sustained by reason of the negligence of the defendant or its servants. A verdict was rendered for the then plaintiff, and after the entry of judgment thereon he died. The action was revived in the name of the executors of his…

2Cases cited3 opinions

  1. Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
  2. Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  3. Lansing v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by6 opinions

  1. Lucas v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Schaefer v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. Schaefer v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
  4. Gatens v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  5. Lucas v. Metropolitan Street-Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900

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