Stephenson v. New York & Harlem Railroad
The Superior Court of New York City
Appeal, by plaintiff, from a judgment dismissing the complaint. The action was brought to recover the amount of a bill, alleged to be due from the defendants to the plaintiff, for services rendered by him at their request, as a physician and surgeon.
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Appeal, by plaintiff, from a judgment dismissing the complaint. The action was brought to recover the amount of a bill, alleged to be due from the defendants to the plaintiff, for services rendered by him at their request, as a physician and surgeon. The complaint averred, that on the 9th day of June, 1849, the said defendants, in the city of New York, by their agent, Mr. Sloat, employed the plaintiff in his professional capacity as a surgeon and physician, to attend to one Peter Peteniat, a child, who had, on the said 9th day of June, 1849, received certain severe physical wounds and…
1Opinion of the CourtBy the Court. Bosworth, J.
At the conclusion of the testimony a nonsuit was moved on two grounds. The case states, the judge “ ruled in favor of the grounds taken by the counsel for said defendants, and directed a nonsuit to be entered against the plaintiff, to which ruling and decision the counsel for the plaintiff then and there excepted.”
If either ground was sufficient to justify the nonsuit, the judgment must be affirmed.
A nonsuit was moved on the ground, 1st—“ That there was not sufficient evidence to go to the jury, that the superintendent, Sloat, was authorized by the defendants, as their agent, to employ the…
2Cases cited1 opinion
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
3Cited by7 opinions
- Atlantic & Pacific Rld. v. ReisnerSupreme Court of Kansas · 1877
- Marquette & Ontonagon Railroad v. TaftMichigan Supreme Court · 1873
- Houston & T. C. R. R. Co. v. McKinneyTexas Supreme Court · 1881
- Mudgett v. Bay State Steamboat Co.New York Court of Common Pleas · 1861
- Voorhees v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909
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