Weil v. Dry Dock, East Broadway & Battery Railroad
New York Court of Appeals
Appeal from judgment of the General Term, of the Superior Court of the City of Hew York, entered upon an order made January 28, 1889, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion. The plaintiff is entitled to the most favorable inferences deducible from the evidence, and all contested facts are to be deemed established in his favor.
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Appeal from judgment of the General Term, of the Superior Court of the City of Hew York, entered upon an order made January 28, 1889, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion. The plaintiff is entitled to the most favorable inferences deducible from the evidence, and all contested facts are to be deemed established in his favor. (Rehberg v. Mayor, etc., 91 N. Y. 137, 141; Stackus v. N. Y. C. & H. R. R. R. Co., 79 id. 464.) There was no contributory negligence…
1Opinion of the CourtO’Brien, J.
This action -was brought to recover damages for personal injuries sustained by the plaintiff, she having been thrown down and run over by one of defendant’s cars, passing in front of her father’s residence in Lewis street, in the city of Hew York, on the 13th day of July, 1886.
On the trial of the action in the Superior Court the plaintiff was nonsuited, and the judgment has been affirmed by the General Term of that court, i
The question here is whether the trial court, upon the testimony before it, was warranted in disposing of the case as a question of law instead of submitting it to the jury…
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