Tiger v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Tiger v. Interurban Street Railway Co.

94 N.Y.S. 395

Appellate Terms of the Supreme Court of New York·Decided June 22, 1905·Published

Opinion

PER CURIAM.

The record discloses that, before the plaintiff had rested, the defendant moved to dismiss, and that its motion was granted, the plaintiff excepting. It seems that at the time of the .motion the plaintiff had presented evidence as to all essential facts, except that he had not shown that the motorman was defendant’s employé. Under the circumstances justice seems to require that there be a reversal.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event. '

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PER CURIAM.

The record discloses that, before the plaintiff had rested, the defendant moved to dismiss, and that its motion was granted, the plaintiff excepting. It seems that at the time of the .motion the plaintiff had presented evidence as to all essential facts, except that he had not shown that the motorman was defendant’s employé. Under the circumstances justice seems to require that there be a reversal.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event. '

Tiger v. Interurban Street Railway Co., 94 N.Y.S. 395 (N.Y. Ct. App. 1905).

Pincite

94 N.Y.S. 395 (Tiger v. Interurban Street Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.