Adams v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Adams, an infant, by Louis-Adams, his guardian ad litem, from a., judgment of the Supreme; Court in favor of-the defendant, entered1 in the office of the clerk of the county of Kings on the 20th day of December, 1899, upon the-dismissal of the complaint by direction of the court after a trial ' before the court and a jury. ’ •
1Opinion of the Court
Willard Bartlett, J. :
This case has been twice tried. The first trial resulted in a judgment in favor of the plaintiff, which was' reversed on appeal upon the ground that the evidence did not establish the negligence of the defendant. (Adams v. Nassau, Electric R. R. Co., 41 App. Div. 334.) The learned judge who presided at the second trial dismissed the complaint at the close of the evidence on both sides because, .in his opinion, the case had not.been materially changed from what it was upon the former appeal.
•In this view we .are unable to concur. Upon several points which were-emphasized…
2Cases cited1 opinion
- Adams v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899