New York Court of Appeals, 1898

Pollock v. . Pennsylvania Iron Works Company

Pollock v. . Pennsylvania Iron Works Company
New York Court of Appeals · Decided November 22, 1898 · Cumam
157 N.Y. 699; 51 N.E. 979; 1898 N.Y. LEXIS 655
Pollock v. . Pennsylvania Iron Works Company

Cases that cite this one

13 later published cases cite this decision.

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Opinion of the Court

Per Cumam.

The legal effect of the omission of the defendant at the close of the testimony to move either for a dismissal of the complaint or the direction of a verdict in its favor was to consent to the submission of the case to the jury. We are, therefore, prevented from considering whether the defendant was entitled to judgment. None of the exceptions to the charge call for a reversal.

The judgment should be affirmed.

All concur.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.