Demann v. Eighth Ave. R.
New York Court of Common Pleas
Appeal from trial term. Action by Mary Demann against the Eighth Avenue Railroad Company for personal injuries alleged to have been sustained by a fall from defendant’s street car. The court charged that plaintiff might recover “for any mental suffering and anguish they found to be the direct and natural result of the accident.” From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
As to the manner in which the accident, the subject of this suit, occurred, the plaintiff’s testimony furnished the sole evidence, all knowledge of the matter being denied by the defendant; and the main point raised upon this appeal is that the evidence failed to establish the fact that plaintiff was a passenger upon one of the defendant’s cars when her injuries were sustained. The plaintiff did not directly state that she boarded an Eighth avenue car, or a car in Eighth avenue, nor that she was thrown from a car on the line of the defendant’s route; her testimony being merely that she “went…
2Cases cited6 opinions
- Huerzeler v. . C.C.T.R.R. Co.New York Court of Appeals · 1893
- Ganiard v. Rochester City & Brighton RailroadNew York Supreme Court · 1888
- Caldwell v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1894
- Adams v. New Jersey Steamboat Co.New York Court of Common Pleas · 1894
- Helwig v. Mutual Life InsuranceNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schalscha v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1897