Saperstone v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Saperstone, from an order of the Supreme Court,, made at the Monroe Trial Term and entered in-the office of the clerk of the county of Monroe on the 2d day of April, 1897, denying the plaintiff’s motion for a new- trial made upon the minutes. ' The action was brought to recover1 damages for injuries to the plaintiff’s person and horse and wagon, caused by the alleged negligence of the defendant. ■ On the 17th of July, 1895, the plaintiff…
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Appeal by the plaintiff, David Saperstone, from an order of the Supreme Court,, made at the Monroe Trial Term and entered in-the office of the clerk of the county of Monroe on the 2d day of April, 1897, denying the plaintiff’s motion for a new- trial made upon the minutes. ' The action was brought to recover1 damages for injuries to the plaintiff’s person and horse and wagon, caused by the alleged negligence of the defendant. ■ On the 17th of July, 1895, the plaintiff was'driving upon North street with a horse and wagon belonging to him, and while so driving it is alleged he was run into by…
1Opinion of the Court
Hardin, P. J.:
Section 999 of the Code of Civil Procedure authorizes the trial court to entertain a motion for a new trial on the minutes, among other grounds, for insufficient damages.
Immediately after the plaintiff received the injuries he called' Dr. Norton, who attended him as a physician and charged for his *287services thirteen dollars, which the evidence shows that the plaintiff has paid. Subsequently Dr. Soble attended the plaintiff, and the value of his services is shown to have been seventy-five dollars. Plaintiff was in bed six weeks. The evidence indicates that one of the shafts of the…
2Cases cited5 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Brown v. FosterAppellate Division of the Supreme Court of the State of New York · 1896
- Meyer v. HartAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Kies v. Binghamton Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Carter v. Village of NundaAppellate Division of the Supreme Court of the State of New York · 1900
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Tooker v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
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