Bopp v. New York Electric Vehicle Transportation Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. Neither at the close of plaintiff’s case nor of the case of defendant vehicle company was there any evidence of the latter’s negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. Neither at the close of plaintiff’s case nor of the case of defendant vehicle company was there any evidence of the latter’s negligence. (Baulec v. R. R. Co., 59 N. Y. 356; Hayes v. R. R. Co., 97 N. Y. 259 ; Dwight v. Ins. Co., 103 N. Y. 341; Hemmens v. Nelson, 138…
1Opinion of the CourtVann, J.
At the close of the plaintiff’s evidence in chief, each defendant made a separate motion for a nonsuit and each excepted to the action of the court in denying the motion. Each defendant had the right to then withdraw from the case and rest upon its exception. Heither did so. The Vehicle Company picked up the burden first, put in its evidence and again moved for a nonsuit. Assuming that an exception was. taken to the denial of its motion, for the second time it was in a situation to rely on its exception and refuse to take any further part in the trial. It did not do so. On the contrary, it…
2Cases cited11 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
- Littlejohn v. . ShawNew York Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Ward v. Iroquois Gas Corp.New York Court of Appeals · 1932
- People v. . GovernaleNew York Court of Appeals · 1908
- Gibson, Dunn & Crutcher, L. L. P. v. Global Nuclear Services & Supply, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
- Bates v. MillerCourt of Appeals for the Second Circuit · 1943
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