Fogel v. . Interborough Rapid Transit Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been received by reason of defendant’s negligence.
1Per curiam
We have reached thfe conclusion that no errors were committed upon the trial of this case which require a reversal of the judgment appealed from. Hpon the other hand, it seems quite clear that the jury awarded damages upon the theory that plaintiff would suffer from paralysis as the result of his accident. Although a considerable period had elapsed after the accident and before the trial, no such paralysis had then appeared and the probability of its subsequent occurrence rested very largely upon the opinion of one physician who testified as an expert upon that subject. His opinion is…
2Cited by5 opinions
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- Curran v. HargreavesAppellate Division of the Supreme Court of the State of New York · 1937
- Fogel v. Interborough R. T. Co.New York Supreme Court · 1907
- Fogel v. . Interborough Rapid Transit CompanyNew York Court of Appeals · 1906