Legal Opinion

Long Island Bottlers' Union v. . Seitz

New York Court of Appeals

Decided January 17, 1905PublishedCited by 4 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 10, 1903, affirming a judgment in favor of defendant .entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The verdict directed by the learned trial justice is against the evidence and contrary to law.

Read the full summary

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 10, 1903, affirming a judgment in favor of defendant .entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The verdict directed by the learned trial justice is against the evidence and contrary to law. It was proven by uncontradicted evidence that the defendant did not have probable cause to institute the criminal proceedings, and it was error for the…

1Opinion of the CourtO’Brien, J.

This was an action for malicious prosecution. At the close of the evidence the trial court directed a verdict for the defendant, on the ground that there was prohable cause for the prosecution complained of, or at least that the plaintiff had not shown want of probable cause, and, therefore, had failed to make out a case. To this ruling the plaintiff’s counsel excepted, and this exception presents the sole question in the case.

The plaintiff is a domestic corporation, and its business consists in collecting from the various public dumping grounds in the city of New York bottles, cans, kegs and…

2Cited by4 opinions

  1. Burt v. . SmithNew York Court of Appeals · 1905
  2. Munoz v. City of New YorkNew York Court of Appeals · 1966
  3. Chappelle v. GrossAppellate Division of the Supreme Court of the State of New York · 1966
  4. Watson v. City of New YorkCivil Court of the City of New York · 1968

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API