De Rozas v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from an order of the Supreme Court, made at a Trial Term thereof and entered in the office of the clerk of the county of New York on the 20th day of November, 1896, granting the plaintiff’s motion for a new trial upon the judge’s minutes after a nonsuit directed by the court.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover damages for personal injuries suffered by the plaintiff upon endeavoring to hoard one of • the defendant’s horse cars. The. plaintiff was nonsuited upon the trial, and afterwards, upon a motion for a new trial upon the judge’s *297minutes, the order for a nonsuit was set aside and a new trial was granted, and from the order granting a new trial this appeal is taken. The sole question presentéd is whether, there was sufficient evidence to have warranted the jury, had the case been submitted to them, in finding for the plaintiff. The testimony upon' that…
2Cases cited3 opinions
- Keating v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1872
- Black v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Morison v. Broadway & Seventh Avenue RailroadNew York Supreme Court · 1890
3Cited by4 opinions
- Citizens Street Railway Co. v. MerlIndiana Court of Appeals · 1901
- Lansing v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Fine v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Morrow v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907