McKenna v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plain-" tiff, entered in the office of the clerk of the county of Kings on the 2d day of March, 1899, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 1st day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The action is for personal injuries. It is only necessary for us to notice an exception to the charge which we think is fatal to the judgment recovered. The plaintiff was thrown out of a vehicle in which he was riding by a collision between the vehicle and one of the defendant’s cars. After the accident he remained confined in his house for two weeks, when he had a stroke of apoplexy, which was followed by paralysis. The apoplexy and paralysis he contended proceeded from the injury received at the time of the collision. While there was proof that physicians attended him for the…
2Cases cited2 opinions
- Staal v. . Grand Street and Newtown Railroad CompanyNew York Court of Appeals · 1887
- Page v. President, Managers & Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Hoyt v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902