Legal Opinion

Kies v. Binghamton Railway Co.

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

Decided March 7, 1917PublishedCited by 7 opinions

Appeal by the defendant, Binghamton Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 9th day of October, 1916, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 14th day of October, 1916, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Sewell, J.:

This action was commenced to recover damages sustained by the plaintiff from personal injuries received by her and alleged to have been caused by the negligence of the defendant. It is unnecessary to consider whether the allegations of the complaint were sufficient to justify the admission of evidence that *243the plaintiff was a married woman and was employed in business on her own account, because no objection was made to it at the trial; and if made, the omission, if any, might there have been supplied by amendment.. We are also of opinion that the defendant’s alleged negligence and…

2Cases cited5 opinions

  1. Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
  2. Countryman v. Fonda, Johnstown & Gloversville RailroadNew York Court of Appeals · 1901
  3. Saperstone v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
  4. Scott v. BanksAppellate Division of the Supreme Court of the State of New York · 1899
  5. Camparetti v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by7 opinions

  1. Kerman v. City of New YorkCourt of Appeals for the Second Circuit · 2004
  2. In re Gen. Motors LLCDistrict Court, S.D. Illinois · 2018
  3. Kerman v. The City Of New YorkCourt of Appeals for the First Circuit · 2004
  4. Stein v. JacovitzNew York Supreme Court · 1930
  5. Kerman v. City of New YorkCourt of Appeals for the Second Circuit · 2004

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