Hagan v. . Ward

Decided March 15, 1904

New York Court of Appeals · decided 1904-03-15

<p>Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court- on trial at Special Term.</p>

Relies on Hagan v. . Sone

Good law ✅— No negative treatment on recordhow we know

Decided 1904-03-15

How this case has been cited

Cited by 18 later decisions — most recently May 1985

2 federal appellate · 1 district · 14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Guriam.

¶1 In Hagan v. Sone (174 N. Y. 317) the trial court directed a verdict for the defendant, upon which judgment was entered and affirmed by the Appellate Division.

¶2 On appeal this court held that when evidence is given of such a character that different inferences may fairly and rea *561 son ably be drawn from it, the fact must be determined by the jury-

¶3 in the case before us the trial judge, on evidence of a similar character, has decided the issues in favor of the defendants, upon which decision judgment was entered and affirmed by the Appellate Division. The facts as thus settled are binding on this court.

¶4 The judgment should be affirmed, with costs to defendant Sone.

¶5 Parker, Ch. J., Gray, O’Brien, Bartlett, Martin, Vann and Werner, JJ., concur.

¶6 Judgment affirmed.