New York Court of Appeals

Grace McDonald, as Administratrix of John F. McDonald, Deceased, Appellant v. the Metropolitan Street Railway…

April 30, 1901167 N.Y. 66

Summary

The New York Court of Appeals reversed the lower courts' judgment, holding that a trial court may not direct a verdict when the right to a jury trial exists and the evidence presents an actual issue of fact; the case must be submitted to a jury and a new trial granted.