Capasso v. Woolfolk
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Arcangelo Capasso, for a new trial made upon a case containing exceptions, ordered to be heard at the Appel- ■ late Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial at the ¡New York Trial Term. .
1Opinion of the Court
Patterson, J.:
This is an action to recover damages for personal injuries sustained by the plaintiff, and alleged to have been caused by the negligence of the defendants. On the trial witnesses were examined on behalf of both the plaintiff and the defendants, and at the close of all the proofs the complaint was dismissed, but for what specific reason does not appear. The motion was made on various grounds, namely: That no negligence was proven on the part of the defendants ; that it had not been shown that the plaintiff was free from contributory negligence; that the accident which happened to…
2Cases cited2 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
3Cited by1 opinion
- Doll v. CooganAppellate Division of the Supreme Court of the State of New York · 1900