Legal Opinion

McNeill v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided March 21, 1905PublishedCited by 1 opinion

Appeal from City Court of New York, Trial Term. Action by Lizzie McNeill against the Interurban Street Railway Company. From a judgment for plaintiff, defendant appeals. Reversed.

1Opinion of the CourtO’Gorman, J.

Upon the trial of this action brought to recover damages for personal injuries, the trial justice submitted to the jury the question of permanent injuries, to which the defendant excepted. An inspection of the record fails to disclose any evidence of perma*768nent injuries. The attending physician, who was called as a witness, said he could tell with reasonable certainty whether the injuries were permanent; but he at no time stated that they were permanent, nor was he asked to do so. The alleged injury was a dislocated uterus, but mere proof of the existence of an injury not essentially permanent…

2Cited by1 opinion

  1. Farnham v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905

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