Talcott v. Wabash Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Talcott, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of f he-county of New York on the 12th day of May, 1904, Upon ¡the decision of the court, rendered after á trial before the court without a jury at the New York Trial Term, dismissing the complaint as upon the merits as to the first cause of action.
1Opinion of the Court
Ingraham, J.:
The complaint .alleges four causes of action. Upon the former-trial, which was. had before- a referee, the plaintiff suffered a nonsuit ■ as to the third and fourth causes of .action. The referee granted a nonsuit as.to the first cause of action upon the testimony and dismissed the complaint upon the merits on the second cause of action.. Upon appeal to the.General Term of the Supreme Court the judgment entered-updn the report of the referee was affirmed (89 Hun, 492), but upon appeal to the Court of Appeals the judgment dismissing the firstcause of action was unversed and anew…
2Cases cited2 opinions
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
- Talcott v. Wabash R.New York Supreme Court · 1895