Legal Opinion

Frobisher v. . Fifth Avenue Transportation Co.

New York Court of Appeals

Decided January 19, 1897PublishedCited by 7 opinions

Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered ¡November 24, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered ¡November 24, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting evidence that plaintiff suffered loss of anyffncome, except what he may have lost by reason of his absence from his business in consequence of being confined to his house on account of the injury he received. (Marks v. L. I.…

1Opinion of the CourtHaight, J.

This action was brought to recover damages for a personal injury.

On the 14th day of October, 1889, the plaintiff was standing upon the west side of Fifth avenue, in the city of Ffew York, just south of Twenty-third street; he signaled the driver of a Fifth avenue omnibus to stop, and the driver there upon ¡Hilled up his horses and nearly stopped the ’bus. Whilst it was moving slowly the plaintiff stepped aboard, taking hold of the handle at the side of the door. Whilst standing upon the step, and before entering the ’bus, the driver started ahead, and the plaintiff’s body was jerked backward.…

2Cases cited2 opinions

  1. Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
  2. Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881

3Cited by7 opinions

  1. Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
  2. De Salvo v. Stanley-Mark-Strand Corp.New York Court of Appeals · 1939
  3. McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
  4. Bush v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1901
  5. Johnson v. Bisso Ferry Co.Louisiana Court of Appeal · 1930

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