Smith v. Joline

Appellate Terms of the Supreme Court of New York

Smith v. Joline

130 N.Y.S. 225

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 29, 1911

StatusPublished

This text of 130 N.Y.S. 225 (Smith v. Joline) 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

Smith v. Joline, 130 N.Y.S. 225 (N.Y. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

Plaintiff appeals from a judgment rendered at the close of his ca^e dismissing the complaint. Viewing the testimony given on the part of the plaintiff in the light most favorable to him, as we must in case of a nonsuit, there was evidence given sufficient to have warranted its submission to the determination of the court [226]*226upon the question of the plaintiff’s freedom from contributory negligence, and also as to defendants’ negligence. It was, therefore, error to dismiss the complaint.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

Plaintiff appeals from a judgment rendered at the close of his ca^e dismissing the complaint. Viewing the testimony given on the part of the plaintiff in the light most favorable to him, as we must in case of a nonsuit, there was evidence given sufficient to have warranted its submission to the determination of the court [226]*226upon the question of the plaintiff’s freedom from contributory negligence, and also as to defendants’ negligence. It was, therefore, error to dismiss the complaint.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

130 N.Y.S. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-joline-nyappterm-1911.