Scott v. New York Central Railroad

Order and judgment unanimously affirmed, with costs, on the opinion of Whitmyer, J., at Trial Term.

The following is the opinion of the court below:

Whitmyer, J.

The action is negligence. The case was submitted to the jury pending the determination of defendant’s motion for a nonsuit and dismissal, made and reserved at the end of plaintiff’s case and at the end of the evidence, with the result that plaintiff obtained a verdict for $15,000, whereupon defendant moved to set that aside on the several grounds specified in section 549 of the Civil Practice Act, and that motion was also reserved.…