Matteson v. . New York Central Railroad
New York Court of Appeals
Appeal from a judgment of the Supreme Court in the fifth district, affirming a judgment upon a verdict in favor of the plaintiff. The action was brought to recover damages alleged to have resulted from injuries to the plaintiff’s wife, occasioned by the negligence of the defendants’ servants, while she was riding in their cars. The cause was tried at the Oneida Circuit, in October, I860,- before Justice Morgan and a jury.
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Appeal from a judgment of the Supreme Court in the fifth district, affirming a judgment upon a verdict in favor of the plaintiff. The action was brought to recover damages alleged to have resulted from injuries to the plaintiff’s wife, occasioned by the negligence of the defendants’ servants, while she was riding in their cars. The cause was tried at the Oneida Circuit, in October, I860,- before Justice Morgan and a jury. It appeared, by the evidence, that, on the 7th of July, 1859, the wife of the plaintiff, with her daughter, about seven years old, took passage over the defendants’ road,…
1Opinion of the CourtSmith, J.
The plaintiff’s claim for damages was based principally upon the hypothesis that, by the concussion sustained by his wife in the defendants’ car, she received an internal injury, which so affected her -as to produce a partial paralysis, impairing, seriously and permanently, her health and physical capacity, rendering her unable to labor, or- even to walk without assistance, and thereby subjecting him to great pecuniary loss and expense. In support of that theory, .the plaintiff introduced testimony tending to show the nature and cause of the accident, the force of the concussion, its…
2Cases cited2 opinions
- Caldwell v. MurphyThe Superior Court of New York City · 1852
- Werely v. . PersonsNew York Court of Appeals · 1863
3Cited by28 opinions
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Davidson v. . CornellNew York Court of Appeals · 1892
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Langenfelder v. ThompsonCourt of Appeals of Maryland · 1941
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