Murnan v. Wabash Railway Co.

Appellate Division of the Supreme Court of New York

Murnan v. Wabash Railway Co.

226 A.D. 753

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1929

StatusPublished

Cited by1 cases

This text of 226 A.D. 753 (Murnan v. Wabash Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murnan v. Wabash Railway Co., 226 A.D. 753 (N.Y. Ct. App. 1929).

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Opinion

Judgment and order denying motion to set aside verdict unanimously affirmed, with costs. We are of opinion that upon the undisputed facts plaintiff was engaged in interstate commerce as a matter ot law. (New York Cent. R. R. Co. v. Porter, 249 U. S. 168; Southern Railway Co. v. Puckett, 244 id. 571, 573; Pedersen v. Del., Lack. & West. R. R., 229 id. 146.) No request was made to submit to the jury the question whether plaintiff was engaged in interstate commerce; nor did the motion to dismiss the complaint point out that there was any such question in the case. Had the question been submitted to the jury and a verdict rendered against plaintiff on this point, such a verdict, in our opinion, would have been [754]*754contrary to the evidence. Present — Lazansky, P. J., Rich, Kapper, Carswell and Seudder, JJ.

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Judgment and order denying motion to set aside verdict unanimously affirmed, with costs. We are of opinion that upon the undisputed facts plaintiff was engaged in interstate commerce as a matter ot law. (New York Cent. R. R. Co. v. Porter, 249 U. S. 168; Southern Railway Co. v. Puckett, 244 id. 571, 573; Pedersen v. Del., Lack. & West. R. R., 229 id. 146.) No request was made to submit to the jury the question whether plaintiff was engaged in interstate commerce; nor did the motion to dismiss the complaint point out that there was any such question in the case. Had the question been submitted to the jury and a verdict rendered against plaintiff on this point, such a verdict, in our opinion, would have been [754]*754contrary to the evidence. Present — Lazansky, P. J., Rich, Kapper, Carswell and Seudder, JJ.

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226 A.D. 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murnan-v-wabash-railway-co-nyappdiv-1929.

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