Rush v. Joseph H. Bauland Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ellen M. Rush, an infant, by Elizabeth Rush, her guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of March, 1902, upon the dismissal of the complaint by direction of the court, after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 15.th day of March, 1902, denying the plaintiff’s motion for a…
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Appeal by the plaintiff, Ellen M. Rush, an infant, by Elizabeth Rush, her guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of March, 1902, upon the dismissal of the complaint by direction of the court, after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 15.th day of March, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff attacks this judgment armed with the most favorable inferences from the evidence, and with all disputed facts as if established in her favor. • (Place v. N. Y. C. & H. R. R. R. Co., 167 N. Y. 345.) If there was evidence in law which, if believed by the jury, would have sustained a verdict for the plaintiff, then the nonsuit was error. (Colt v. Sixth Ave. R. R. Co., 49 N. Y. 671; approved in McDonald v. Met. St. Ry. Co., 167 id. 66 ; Place v. N. Y. C. & H. R. R. R. Co., supra.) The following facts could have been found upon the evidence: In the afternoon of June 20,…
2Cases cited7 opinions
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Barker v. . SavageNew York Court of Appeals · 1871
- Fealey v. . BullNew York Court of Appeals · 1900
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
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3Cited by3 opinions
- Kupperberg v. American Druggists Syndicate, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Van Dusen v. StateNew York Court of Claims · 1920
- Cherbuliez v. ParsonsNew York Supreme Court · 1908