Hexter Stable Co. v. New York Taxicab Co.

Appellate Terms of the Supreme Court of New York

Hexter Stable Co. v. New York Taxicab Co.

114 N.Y.S. 859

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 5, 1909

StatusPublished

This text of 114 N.Y.S. 859 (Hexter Stable Co. v. New York Taxicab Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hexter Stable Co. v. New York Taxicab Co., 114 N.Y.S. 859 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

The plaintiff appeals from a judgment dismissing the complaint upon the merits at the close of the plaintiff’s case, and by its notice of appeal brings up foir review an order made by the trial judge denying a motion to amend the judgment by striking therefrom the words “upon the merits.” The plaintiff upon the trial was unable to connect the defendant with the ownership of the cab that collided with a carriage of the plaintiff. This failure of proof does not entitle the defendant to a judgment dismissing the complaint upon the merits, and the motion to correct the judgment should have been granted, thus saving the plaintiff the expense of an appeal.

The order must therefore be reversed, with costs, and the judgment modified, by striking therefrom the words “upon the merits” and inserting therein the words “without prejudice to a new trial,” and, as thus modified, affirmed, without costs.

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PER CURIAM.

The plaintiff appeals from a judgment dismissing the complaint upon the merits at the close of the plaintiff’s case, and by its notice of appeal brings up foir review an order made by the trial judge denying a motion to amend the judgment by striking therefrom the words “upon the merits.” The plaintiff upon the trial was unable to connect the defendant with the ownership of the cab that collided with a carriage of the plaintiff. This failure of proof does not entitle the defendant to a judgment dismissing the complaint upon the merits, and the motion to correct the judgment should have been granted, thus saving the plaintiff the expense of an appeal.

The order must therefore be reversed, with costs, and the judgment modified, by striking therefrom the words “upon the merits” and inserting therein the words “without prejudice to a new trial,” and, as thus modified, affirmed, without costs.

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Bluebook (online)

114 N.Y.S. 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hexter-stable-co-v-new-york-taxicab-co-nyappterm-1909.