Carples v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James M. Carples, from a judgment of the Supreme Court in favor of the plaintiff, for the sum of $397.36, entered in the office of the cleric of the county of Hew York on the: 27tli day of October, 1896, upon the verdict of a jury, and also from air order entered in said clerk’s office on the 27th day of October,. 1896, denying the plaintiff’s motion for a new trial made upon the minutes,
1Opinion of the Court
Van Brunt, P. J. :
This action .was brought to recover damages for personal injuries .sustained by the plaintiff through the negligence of the defendant in being thrown from one of the defendant’s cars while attempting, to enter as á passenger thereon.
Upon the trial of the case the plaintiff attempted to prove his ■damages up to the time of the trial. This evidence was excluded .and an exception taken. We think this was error. While the *159plaintiff, perhaps, had not made such allegations in his complaint as would justify him in claiming damages for permanent injuries, he certainly had the right…
2Cited by4 opinions
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Morris v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Arnold v. R. Rothschild's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Warden v. GoldmanAppellate Terms of the Supreme Court of New York · 1914