Bail v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Marcli 30, 1910, which unanimously affirmed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and dismissing the complaint on the merits. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Marcli 30, 1910, which unanimously affirmed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and dismissing the complaint on the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The court had no power to dismiss the complaint after receiving a general verdict from the jury. (Code Civ. Pro. § 1187; Levy v. G. M. P. Co., 80 App. Div. 384; Hoey…
1Opinion of the CourtHaight, J.
This action was brought to recover damages resulting from the death of plaintiff’s intestate in consequence of the alleged negligence of the defendant.
Upon the trial, at the end of the plaintiff’s case, the defendant’s counsel moved for a dismissal of the complaint upon the ground that there was no proof of any negligence on the part of the defendant and that there was no proof of freedom from contributory negligence on the part of the plaintiff’s intestate. This motion was denied and an exception taken. Thereupon the defendant put in its evidence and at the close thereof the defendant’s…
2Cases cited6 opinions
- Paltey v. . EganNew York Court of Appeals · 1910
- Glennon v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Glennon v. . Erie Railroad CompanyNew York Court of Appeals · 1905
- Crecelius v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Caspers v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925