Reilly v. . Troy Brick Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ETovember 27,1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term after a verdict had been rendered in favor of plaintiff. The action was brought to recover damages for the alleged negligent killing of the plaintiff’s intestate, a laborer in the employ of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ETovember 27,1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term after a verdict had been rendered in favor of plaintiff. The action was brought to recover damages for the alleged negligent killing of the plaintiff’s intestate, a laborer in the employ of the defendant. The defendant is engaged in the manufacture of brick within, or very near, the northerly boundary of the city of Troy. The accident which caused…
1Opinion of the CourtWerner, J.
The only question which we deem it necessary to consider upon this appeal is whether there was any evi dence of negligence on the part of the defendant, which, according to any reasonable view, justified the verdict of the jury. If there was, the learned trial court erred in setting the verdict aside, and the judgment dismissing the complaint must be reversed. In considering the question thus presented all contested facts must be assumed to have been found in' favor of the plaintiff, and she is entitled to the most favorable inferences deducible from the evidence. (Higgins v. Eagleton, 155 N.…
2Cases cited1 opinion
- Higgins v. . EagletonNew York Court of Appeals · 1898
3Cited by6 opinions
- Scharff v. . JacksonNew York Court of Appeals · 1916
- Kiernan v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1906
- Miller v. New York Taxicab Co.Appellate Terms of the Supreme Court of New York · 1910
- Josupeet v. City of Niagara FallsNew York Supreme Court · 1910
- Persons v. Bush Terminal Co.New York Supreme Court · 1910
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