Leahy v. Gaylord & Eitapenc Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gaylord and Eitapeno Company, from .a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of" Broome on the. 5tli day of February, 1906, upon the verdict of a jury for $1,467, and also from so much of an order entered in said clerk’s office on the" 5th day of February, 1906, as denies the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The plaintiff was injured by an iron pipe falling on his head, and the verdict establishes that the negligence of the. defendant’s employees caused the injury. The plaintiff swears that since the injury he is nervous, at times is dizzy, is irritable, and suffers' pain in his side and in his head, and that his memory is defective. His evidence upon the trial- tended to show that lie had a good memory. There is nothing except the evidence' of himself and wife to indicate that he is now suffering from any cause. He received a verdict for $1,467.
*317To prove that the injuries were…
2Cases cited2 opinions
- Briggs v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Davis v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Weibert v. HananAppellate Division of the Supreme Court of the State of New York · 1910