McGovern v. Standard Oil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Standard Oil Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 30th day of November, 1895, upon the verdict of a jury for $2,500 rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 23d day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Standard Oil Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 30th day of November, 1895, upon the verdict of a jury for $2,500 rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 23d day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes. Plaintiff’s complaint alleges that the defendant is the owner of a certain plant known as the Standard Oil Worles, located in the…
1Opinion of the Court
Hardin, P. J.:
When the plaintiff rested the defendant stated several grounds upon which it claimed a nonsuit, and its motion in that regard was denied and an exception was taken. At the close of the entire evidence the motion for a nonsuit was renewed on the same grounds, and the attention of the court was called specifically to the claim of the defendant that the plaintiff was guilty of contributory negligence. The motion was denied, and the case does not show an exception taken to the decision made by the trial judge. The case was then submitted to the jury in an extensive charge,…
2Cases cited8 opinions
- Clancy v. . ByrneNew York Court of Appeals · 1874
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Hart v. . GrennellNew York Court of Appeals · 1890
- Larkin v. . O'NeillNew York Court of Appeals · 1890
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3Cited by4 opinions
- Brown v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Young v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Fitzgerald v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- True v. Niagara Gorge RailroadAppellate Division of the Supreme Court of the State of New York · 1902