Sesselmann v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Karl Sesselmann, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 1st day of February, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 29th day of December, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This is an action to recover damages for a personal injury sustained by the plaintiff by being struck by one of the cars of the defendant at the intersection of Second avenue and Seventieth street. Upon the trial plaintiff’s complaint was dismissed upon the motion of the defendant on the ground that the plaintiff had failed to show that he was free from contributory negligence, and that it did not appear that the defendant company was guilty of negligence. The plaintiff having been nonsuited is entitled to the most favorable construction which the jury might have placed upon the…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Dunican v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Sesselmann v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Smith v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1905
- Hart v. RudukAppellate Division of the Supreme Court of the State of New York · 1931
- Andres v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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