Peake v. Bell

New York Supreme Court

Peake v. Bell

14 N.Y. Sup. Ct. 454

DecidedMay 15, 1876

StatusPublished

This text of 14 N.Y. Sup. Ct. 454 (Peake v. Bell) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peake v. Bell, 14 N.Y. Sup. Ct. 454 (N.Y. Super. Ct. 1876).

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Opinion

Learned, P. J. :

It has been repeatedly held that a failure to move for a nonsuit, or to ask the court to direct a verdict for the defendant, is an admission that there is sufficient evidence to go to the jury; and that the defendant is thereby precluded from moving to set aside the verdict as against evidence. (Barrett v. Third Ave. R. R. Co., 45 N. Y., 628; Sickels v. Gillies, 45 How., 94; Rowe v. Stevens, [455]*45512 Abb. [N. S.], 389; St. John v. Skinner, 44 How., 198; Ross v. Colby, 10 S. C. N. Y., 546.)

The order appealed from should therefore be reversed with costs.

Present — Learned, P. J., Bocees and Boardman, JJ.

Order setting aside verdict reversed, with ten dollars costs and printing.

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Learned, P. J. :

It has been repeatedly held that a failure to move for a nonsuit, or to ask the court to direct a verdict for the defendant, is an admission that there is sufficient evidence to go to the jury; and that the defendant is thereby precluded from moving to set aside the verdict as against evidence. (Barrett v. Third Ave. R. R. Co., 45 N. Y., 628; Sickels v. Gillies, 45 How., 94; Rowe v. Stevens, [455]*45512 Abb. [N. S.], 389; St. John v. Skinner, 44 How., 198; Ross v. Colby, 10 S. C. N. Y., 546.)

The order appealed from should therefore be reversed with costs.

Present — Learned, P. J., Bocees and Boardman, JJ.

Order setting aside verdict reversed, with ten dollars costs and printing.

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14 N.Y. Sup. Ct. 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peake-v-bell-nysupct-1876.

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