Clifford v. Denver & Rio Grande Railroad
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, the Denver and Rio Grande Railroad Company, from" a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 15th day of June, 1905, upon the verdict of a jury for ■$2,000, and also from an order bearing date the 12th day of June, 1905, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff, a passenger upon the defendant’s road, was injured on leaving the train at Alamosa, Col. She subsequently went to a hospital at Grand Junction, Col., where she remained four or five days,-and while there was attended by a physician in. his professional capacity. After-the action was at issue a commission was issued on behalf of the plaintiff to take the testimony of this physician. His testimony was taken under this commission and the deposition was returned to the clerk of the county of Hew York. Upon the trial of the action the plaintiff did not read this…
2Cases cited2 opinions
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
3Cited by1 opinion
- In re the Judicial Settlement of the Account of SmithNew York Surrogate's Court · 1913