Long v. Fulton Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fulton Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 21st day of January, 1909, upon the verdict of .a jury for $6,000, and also from an order entered in said clerk’s office on the 30th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide event.
The action was for negligence, and a verdict was rendered for plaintiff for $6,000. EV question is made on this appeal as to plaintiff’s right to recover.
The only controversy is as to the admission of evidence as to plaintiff’s injuries, upon which the amount of damages was determined by the jury.
The court admitted, under defendant’s objections and exceptions, evidence that the injuries resulted in epilepsy, paralysis and mental impairment. This, the defendant claimed,…
2Cases cited3 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
- Johnson v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Kurak v. . TraicheNew York Court of Appeals · 1919
- Mauro v. RuckertAppellate Division of the Supreme Court of the State of New York · 1962