Peterson v. Ocean Electric Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 24, 1914, upon an order reversing a judgment in favor of the plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action is stated in the opinion. The Appellate Division exceeded its jurisdiction in dismissing the plaintiff’s complaint in each action and ordering final judgment with costs against them.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 24, 1914, upon an order reversing a judgment in favor of the plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action is stated in the opinion. The Appellate Division exceeded its jurisdiction in dismissing the plaintiff’s complaint in each action and ordering final judgment with costs against them. (Const. of N. Y. art. 1, § 2.) The amendment of section 1317 of the Code of Civil Procedure by the legislature in 1912 properly…
1Per curiam
The plaintiff sues to recover damages for personal injuries, resulting, it is charged, from the defendant’s negligence. She had a verdict in her favor at the Trial Term. At the Appellate Division the judgment was reversed and the complaint dismissed. The conclusion of that court was that the plaintiff had failed as a matter of law to prove her. own freedom from contributory negligence, and in that conclusion we concur. We are now asked to hold that the Appellate Division was without power to dismiss the complaint, and that the judgment should be modified by directing a new trial. The…
2Cases cited3 opinions
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Bullock v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1915
3Cited by7 opinions
- In Re the Probate of the Will of BurnhamNew York Court of Appeals · 1923
- Lehigh Valley R. v. QuereauCourt of Appeals for the Second Circuit · 1923
- Cannon v. FargoAppellate Division of the Supreme Court of the State of New York · 1915
- Cavo v. KalbachAppellate Division of the Supreme Court of the State of New York · 1919
- Luce v. New York, Chicago & St. Louis RailroadNew York Supreme Court · 1925
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