Weckman v. Ende

The Superior Court of New York City

Weckman v. Ende

25 N.Y. St. Rep. 695

CourtThe Superior Court of New York City

DecidedMay 6, 1889

StatusPublished

This text of 25 N.Y. St. Rep. 695 (Weckman v. Ende) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weckman v. Ende, 25 N.Y. St. Rep. 695 (N.Y. Super. Ct. 1889).

Pincite

Opinion

Freedman, J.

The record contains no exception to any refusal to charge, and the exceptions taken to the matters charged are so general as to raise no question for review. The testimony of the plaintiff made" out a prima facie case_ of negligence on the part of the defendant, and the testimony given by and on behalf of the defendant did no more than to create a conflict which had to be submitted to the jury. The motions of the defendant for a dismissal of the complaint, made at the close of the plaintiff’s case, and at the close of the testimony on both sides, were therefore properly denied. Under all the circumstances, the verdict of the jury cannot be disturbed. The judgment and order appealed from should be affirmed, with costs.

Sedgwick, Oh. J., concurs.

Free access — add to your briefcase to read the full text and ask questions with AI

Freedman, J.

The record contains no exception to any refusal to charge, and the exceptions taken to the matters charged are so general as to raise no question for review. The testimony of the plaintiff made" out a prima facie case_ of negligence on the part of the defendant, and the testimony given by and on behalf of the defendant did no more than to create a conflict which had to be submitted to the jury. The motions of the defendant for a dismissal of the complaint, made at the close of the plaintiff’s case, and at the close of the testimony on both sides, were therefore properly denied. Under all the circumstances, the verdict of the jury cannot be disturbed. The judgment and order appealed from should be affirmed, with costs.

Sedgwick, Oh. J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

25 N.Y. St. Rep. 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weckman-v-ende-nysuperctnyc-1889.