Hethier v. Johns
Appellate Division of the Supreme Court of the State of New York
Appeal in the first entitled action by the defendant, Franklin Johns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 15th day of December, 1920, on the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 21st day of December, 1920, denying defendant’s motion for a new trial made upon the minutes.
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Appeal in the first entitled action by the defendant, Franklin Johns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 15th day of December, 1920, on the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 21st day of December, 1920, denying defendant’s motion for a new trial made upon the minutes. Appeal in the second entitled action by the defendant, Franklin Johns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the…
1Dissent
Kruse, P. J. (dissenting):
I dissent upon the authority of Capron v. Douglass (193 N. Y. 11); Dewey v. Cohoes & Lansingburgh Bridge Co. (170 App. Div. 117). It seems to me that the plaintiff waived her privilege of objecting to the testimony of Dr. Whitney by giving her own testimony, and that of her other physicians, who treated her for the injuries of which she complains and for which she seeks to recover damages from the defendant. While the examination of the plaintiff by Dr. Whitney was not made in the presence of the other physicians whose testimony was taken on her behalf, it related to…
2Cases cited2 opinions
- Capron v. . DouglassNew York Court of Appeals · 1908
- Dewey v. Cohoes & Lansingburgh Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1915