Legal Opinion

Osterhout v. Delaware, L. & W. Railroad

Appellate Terms of the Supreme Court of New York

Decided May 4, 1910Published

Appeal from Trial Term, Broome County. Action by Julia S. Osterhout against the Delaware, Lackawanna & Western Railroad Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtCochrane, J.

The plaintiff recovered a verdict of $3,250 for personal injuries. At the time of such injuries she was a married woman about 26 years old. She claims that she had been in a condition of pregnancy for about 2 months, and that her injuries resulted in a miscarriage about 2 weeks thereafter. She was not attended by a physician until after the alleged miscarriage. She then walked to the office of a physician and thereafter received from him medical treatment. On the trial this physician, after having testified that he could not say positively from his examination and observation that plaintiff:'…

2Cases cited7 opinions

  1. Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
  2. Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
  3. Clegg v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. Bellemare v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  5. Huba v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903

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