Jones v. Brooklyn, B. & W. E. R. Co.
New York City Court
Appeal from trial term. Action by Jesse Jones against the Brooklyn, Bath & West End Railroad Company to recover damages for personal injuries sustained through the alleged negligence of defendant. On the trial, the physician who attended plaintiff and amputated his leg, was asked what was the condition of plaintiff’s leg at that time.
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Appeal from trial term. Action by Jesse Jones against the Brooklyn, Bath & West End Railroad Company to recover damages for personal injuries sustained through the alleged negligence of defendant. On the trial, the physician who attended plaintiff and amputated his leg, was asked what was the condition of plaintiff’s leg at that time. This question was excluded as calling for information privileged under Code Civil Proe. 1ST. Y. § 834, which provides that “a person duly authorized to practice physic or surgery shall not be allowed to disclose any information which he acquired in attending a…
1Opinion of the CourtVan Wyck, J.
This is an action to recover damages for personal injuries through the negligence of defendant. There is a direct conflict between the theory of plaintiff and that of defendant in reference to the accident. The testimony for plaintiff tends to show that while he was in the act of getting .on an open car, the conductor gave the signal to start, and that the train was started with a violent jerk, throwing him down and breaking his leg. The .testimony for defendant tends to show that plaintiff, while attempting to cross in front of the engine, was knocked down, and his leg was broken in that…
2Cases cited13 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Fraser v. JennisonMichigan Supreme Court · 1879
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Renihan v. . DenninNew York Court of Appeals · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hethier v. JohnsAppellate Division of the Supreme Court of the State of New York · 1921
- Dambmann v. Metropolitan Street Railway Co.New York Supreme Court · 1907
- Van Orman v. Van OrmanNew York Supreme Court · 1890
- Agnew v. Brooklyn City RailroadNew York City Court · 1889
- Booren v. McWilliamsNorth Dakota Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.