Blate v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s offiee on the 12th day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
There is one objection to the admission of testimony in this'.case which. constrains us to order a new trial. The complaint alleges that, in consequence of the negligence of the defendant, the plaintiff “ was seriously and permanently injured; plaintiff suffered a rupture or hernia; he was cut and bruised about the head, body, arms and legs; he was injured internally ; put in great pain and agony of mind and body; and that said plaintiff, by reason of the said. injuries, has been and will be prevented from attending to his business and pursuing his duties,” and has' suffered…
2Cases cited1 opinion
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
3Cited by1 opinion
- Knoll v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900