Page v. President, Managers & Co. of Delaware & Hudson Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The President, Managers and Company of the Delaware and Hudson Canal 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 25th day of February, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 18th day of February, 1902; denying the defendant’s motion for a new trial made npon the minutes.
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Appeal by the defendant, The President, Managers and Company of the Delaware and Hudson Canal 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 25th day of February, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 18th day of February, 1902; denying the defendant’s motion for a new trial made npon the minutes. This action is brought for negligence. On or about October 11, 1895, the plaintiff, who was not an employee of the defendant, was loading…
1Opinion of the Court
Smith, J.:
This appellant charges error in the court below in admitting evidence of the fact of the injury to the plaintiff’s sexual organs over its objection that such injury was not specified in the pleading. In the case of Kleiner v. Third Ave. R. R. Co. (162 N. Y. 193) the rule is thus stated: “ The averment in a complaint in an action for personal injuries that plaintiff sustained a severe nervous shock is insufficient to justify her in proving that the result of that shock was to produce heart disease, vertigo, curvature of the spine and other diseases, it not appearing that such…
2Cases cited6 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Neudecker v. . KohlbergNew York Court of Appeals · 1880
- Bossert v. PoerschkeAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Brett v. SimonAppellate Division of the Supreme Court of the State of New York · 1950
- Kipp v. New York Central & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Mauro v. RuckertAppellate Division of the Supreme Court of the State of New York · 1962