Orsor v. Metropolitan Cross-Town Railway
New York Supreme Court
Appeal from circuit court, Bichmond county. Action by Eobert S. Orsor against the Metropolitan Cross-Town Eailway Company for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Eeversed.
1Opinion of the CourtBrown, P. J.
The plaintiff was injured by being thrown from the platform of one of the defendant’s cars, on account management of the car by the driver and conductor. Upon the trial he was asked the following question: “Q. What were your average earnings during that ten months, as near as you can estimate them?” The plaintiff answered, over the defendant’s objection and exception : “I think my earnings would average about $40 a week during that ten months.” The court was asked to charge the jury that plaintiff could not recover for loss of time and business, which request was refused, and the jury were…
2Cases cited3 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Johnson v. Manhattan Railway Co.New York Supreme Court · 1889
3Cited by2 opinions
- Heer v. Warren-Scharf Asphalt Paving Co.Wisconsin Supreme Court · 1903
- McNaughton v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1898