Wilkins v. Nassau Newspaper Delivery Express Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau Newspaper Delivery Express Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of February, 1904, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 24th day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The plaintiff has recovered a verdict of $3,500 for personal injuries sustained through the negligence of the defendant. Upon the evidence the plaintiff’s freedom from contributory negligence and the defendant’s negligence were questions for the jury. An exception to certain items of evidence relating to the question of damages requires a new trial. The plaintiff was struck and run over by a truck which was being backed by hand down an incline over a sidewalk along which she was passing. She alleged, concerning her injuries, that she was thrown to the sidewalk; that the wheels of…
2Cases cited5 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
- Ackman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Ramson v. Metropolitan Street RailWay Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ramson v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1904
3Cited by3 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Arkansas Power & Light Co. v. TolliverSupreme Court of Arkansas · 1930
- Louisville R. v. EllerhorstCourt of Appeals of Kentucky · 1908