Gibson v. Metropolitan Street Railway Co.
New York Supreme Court
Settlement of case and exceptions on appeal. The judgment is for the plaintiff for personal injuries caused by the negligence of the defendant, entered upon a verdict. The appeal is from the judgment, and also from an order denying a motion on all the grounds for a new trial on the judge’s minutes.
1Opinion of the Court
Gaynob, J.:
In the proposed case the evidence of the two physicians showing the extent of the injury to the plaintiff and the time he was disabled from it is omitted, and the plaintiff proposes an amendment that it be inserted. The appeal from the order denying the motion on the minutes for a new trial raises the questions whether the verdict is excessive, or contrary to the evidence, and it is therefore for the plaintiff to see that all the evidence on those *392heads is in the case. He would not be protected by my striking from the case the statement at the end of it that it contains all of the…
2Cases cited5 opinions
- Porter v. . SmithNew York Court of Appeals · 1887
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Hewett v. Town of ThurmanAppellate Division of the Supreme Court of the State of New York · 1899
- Hunt v. WebberAppellate Division of the Supreme Court of the State of New York · 1897
- Martin, Bing & Co. v. BaustAppellate Division of the Supreme Court of the State of New York · 1897