Mittleman v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, thirteenth district, borough of Manhattan.
1Opinion of the CourtLeaventritt, J.
The plaintiff sues to recover for per-
sonal injuries received through the alleged negligence of the defendant. At the close of the plaintiff’s case, the defendant moved for a dismissal of the complaint upon the grounds that no negligence on its part had been shown, and that the plaintiff had not established her freedom from contributory negligence. The court reserved decision, whereupon the defendant’s counsel stated: “I will rest on my motion.” No testimony was offered by the defendant. Subsequently the court rendered judgment for the defendant upon the merits. This was error. The…
2Cases cited1 opinion
- Peggo v. DinanAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- Elder, Receiver v. Rutledge, Admx.Indiana Supreme Court · 1940
- Mangan v. Des Moines City Railway Co.Supreme Court of Iowa · 1925
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925
- Whiting v. City of SeattleWashington Supreme Court · 1927
- Gribbins v. Kentucky Terminal & Traction Co.Court of Appeals of Kentucky · 1912
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