Wilber v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Schenectady county. Action by Benjamin P. Wilber against the New York Central & Hudson River Railroad Company for personal injuries. A nonsuit was ordered at the close of the testimony, and plaintiff appeals.
1Opinion of the CourtHerrick, J.
This case has heretofore been before this court upon an appeal from a judgment of nonsuit granted by the court at the close of the plaintiff’s testimony. 8 App. Div. 138, 40 N. Y. Supp. 471. It now comes before us from a judgment upon a non-suit granted by the court after all the evidence in the case had been given. The plaintiff’s version of the .transaction will be found set forth in the opinion of the court when this case was last before us, and there is no need to repeat it now. It will be seen that at that time the plaintiff relied very largely upon the alleged facts that, at the time he…
2Cases cited1 opinion
- Wilber v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Hogle v. H. H. Franklin Manufacturing Co.New York Court of Appeals · 1910
- Hogle v. H. H. Franklin Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Clifford v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Lindsay v. Baltimore & Ohio Rd.Ohio Court of Appeals · 1954
- Swart v. . Village of Saratoga SpringsNew York Court of Appeals · 1900
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