Allen v. Stokes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
This action is one for damages for the alleged negligent killing of an eleven-year-old boy. The jury returned a verdict in favor of the plaintiff. Upon the trial the court received *601in evidence a photograph of the dead boy lying in his coffin. We think that the admission of this picture was highly prejudicial, in that it tended to arouse the sympathies of the jury. The reason given for placing the photograph in evidence was that plaintiff desired thereby to identify the boy and to prove his size and appearance. We think that evidence of these facts might have been introduced by means other…
2Cases cited6 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Rosenberg v. SchwartzNew York Court of Appeals · 1932
- White v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1917
- Stubbs v. . City of RochesterNew York Court of Appeals · 1919
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3Cited by16 opinions
- Gutierrez v. Public Service Interstate Transp. Co.Court of Appeals for the Second Circuit · 1948
- Prudential Ins. Co. Of America v. GlasgowCourt of Appeals for the Second Circuit · 1953
- Klein v. Long Island Rail RoadNew York Supreme Court · 1950
- Flynn v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1983
- Archie v. Todd Shipyards Corp.Appellate Division of the Supreme Court of the State of New York · 1978
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