Venable v. Consolidated Dry Goods Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarswell, J.
The action was for personal injuries. The complaint has two counts; one in nuisance, and one in negligence. The trial court put the defendant to its proof, but at the close of the entire case, over objection and exception, granted a motion of the defendant to compel the plaintiff to elect upon which count she desired to go to the jury. Plaintiff elected to go upon the nuisance count. Both parties then moved for a direction of a verdict. The court granted the defendant’s motion and dismissed the complaint.
Upon this appeal the plaintiff insists (1) that there was a question of fact as to…
2Cases cited11 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Clifford v. . DamNew York Court of Appeals · 1880
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by6 opinions
- Jablon v. City of New YorkNew York Supreme Court · 1941
- Herny v. FrankfortAppellate Division of the Supreme Court of the State of New York · 1937
- Maucieri v. WareAppellate Division of the Supreme Court of the State of New York · 1941
- Parsons v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1931
- McKay v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
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