Page v. President of Delaware & H. Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Broome County, Action by George L. Page against the president, managers and company of the Delaware & Hudson Canal Company. From an order denying plaintiff’s motion to amend his complaint, he appeals.
1Opinion of the CourtSmith, J.
The action is for negligence. Upon the first trial, 54 N. Y. Supp. 442, judgment was recovered for the plaintiff, which was reversed upon the ground of some error in the charge of the court. It was tried again, with a similar result, at the Trial Term, and the judgment was again reversed, because of the improper admission of evidence as to damages not pleaded, 78 N. Y. Supp. 454. The complaint, after alleging the defendant’s negligence, alleges, among other injuries, “possibly a slight concussion of the spine, and sprain and injury to the muscles and ligaments of the back.” Upon the trial,…
2Cases cited2 opinions
- Page v. PresidentAppellate Division of the Supreme Court of the State of New York · 1898
- Page v. President of Delaware & H. Canal Co.Appellate Division of the Supreme Court of the State of New York · 1902