Wall v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adelaide Wall, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 29th day of October, 1919, dismissing the complaint at the close of the plaintiff’s case.
1Dissent
Davis, J. (dissenting):
The plaintiff was nonsuited on the trial and judgment entered for the defendant. I cannot concur in the decision of the majority to affirm.
The plaintiff was a passenger who had alighted from defendant’s street car and was injured by being struck by a ear passing on another track. The learned trial justice granted the motion for nonsuit at the close of the plaintiff’s case, and relying on his recollection of the evidence, stated in substance that the car from which the plaintiff alighted had started at the time of the accident, that she had gone upon the track without…
2Cases cited15 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Reed v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
- Volosko v. Interurban Street Railway Co.New York Court of Appeals · 1907
- Pelletreau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Sesselmann v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
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