Legal Opinion

Stringham v. . Stewart

New York Court of Appeals

Decided November 24, 1885PublishedCited by 41 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for injuries sustained by plaintiff, an employe of defendant, caused by the fall of an elevator in defendant’s warehouse, which plaintiff alleged “was defective in construction and' unprovided with the proper appliances for safety,” and that the injury was caused by such defects. The material facts are stated…

1Opinion of the Court

Ruger, Ch. J.

At the close of the plaintiff’s evidence the defendant moved for a nonsuit upon the several grounds of contributory negligence on plaintiff’s part, the combination of such negligence and that of a co-servant in producing the injury, and the absence of any evidence of negligence on the part of the defendant. This motion was denied, the court thereby assuming that the evidence was then sufficient to carry the case to the jury. The defendant then gave evidence tending to controvert and impeach the testimony produced by the plaintiff, but we think failed to furnish such a…

2Cases cited2 opinions

  1. Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
  2. Fuller v. . JewettNew York Court of Appeals · 1880

3Cited by41 opinions

  1. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  2. Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
  3. Jenney Electric Light & Power Co. v. MurphyIndiana Supreme Court · 1888
  4. Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
  5. City of Emporia v. KowalskiSupreme Court of Kansas · 1903

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