Legal Opinion

Mackey v. Interurban Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1906Published

Appeal by the defendant, the In term-ban Street Bailway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the cleric of the county of New York on the 11th day of December, 1905, upon .the verdict of a jury for ■ $3,000,- and also from an order entered in said clerk’s office on the 11th day of December, 1905,. denying the defendant’s motion for a new trial made upon the minutos. '

1Opinion of the Court

Ingraham, J.:

The plaintiff was injured on the 15th day of April, 1902, on Sixth avenue, between Forty-fifth and Forty-sixth streets, in the city of New York, while alighting from one of the defendant’s, cars. The action was Commenced on thé 26th day of June, 1903. The plaintiff was attended by a physician immediately after the accident, who found her in a nervous condition, with pains in the back of her head. The physician found what he, called “ a couple of points of tenderness along her spine, but that was all.” He treated her about a month, visiting her twelve or fifteen times. He…

2Cases cited2 opinions

  1. Newton v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  2. Maimone v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1901

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