Nies v. Broadhead
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Edward H. Mes against Calvin E. Broadhead and others. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendants appeal. Affirmed.
1Opinion of the CourtDwight, P. J.
The action was for a bodily injury sustained by the plaintiff in being thrown from or in his buggy down a high bank by the side of a temporary road constructed by the defendants to avoid a deep cut by which they had intersected the highway in the construction of a railroad. The motion for a new trial purported,, to be made “on all the grounds set forth in section 999 of the Code *53of Civil Procedure,” but the only ground which seems to have been argued below was an exception to the admission in evidence of several photographs of the locus of the accident, taken from different points of view;…
2Cases cited4 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
- Roosevelt Hospital v. New York Elevated RailroadNew York Supreme Court · 1892
3Cited by5 opinions
- People v. DavisNew York Court of Appeals · 1977
- Dederichs v. Salt Lake City RailroadUtah Supreme Court · 1896
- State v. PecciulisSupreme Court of Connecticut · 1911
- State v. EspositoSupreme Court of Rhode Island · 1947
- M. McGirr Sons Co. v. BabbittAppellate Terms of the Supreme Court of New York · 1908