Sapone v. New York Central & Hudson River Railroad

The above-entitled actions numbered 17 and 22 respectively on the present Trial Term calendar of this court, were, upon motion of defendant, consolidated under section 96 of the Civil Practice Act.

The cases went to trial, plaintiffs’ proofs are in and defendant now moves for a nonsuit and a dismissal of the complaints upon various grounds. The only two grounds which need be considered are (1) that plaintiffs have failed to establish the freedom *756of plaintiffs’ intestates from negligence contributing to the accident and to their deaths; and (2) that plaintiffs have failed to establish a cause…