Jones v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant," The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff for $2,850 damages and $279.32 costs, entered in the office of the clerk of the county of Kings on the 21st day of June, 1897, upon the verdict of a jury, and also from an order, bearing date the 17th day of June, 1897, and entered in said clerk’s office, denying the defendant’s motion for a new trial.
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Appeal by the defendant," The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff for $2,850 damages and $279.32 costs, entered in the office of the clerk of the county of Kings on the 21st day of June, 1897, upon the verdict of a jury, and also from an order, bearing date the 17th day of June, 1897, and entered in said clerk’s office, denying the defendant’s motion for a new trial. The action was brought to recover damages resulting to the plaintiff from the alleged negligence of the defendant The complaint alleged that while the plaintiff was a…
1Opinion of the Court
Hatch, J.:
The plaintiff testified that the globe which fell struck her upon the temple and exploded with a loud report. The metal part then fell, striking her upon the abdomen with sufficient force to cause the flesh to become discolored. Respecting the latter injury the plaintiff was corroborated by a witness, to whom she exhibited her person three days after the injury, who testified to the existence at that time of a large bruise upon the abdomen. It was undisputed that the globe fell and inflicted a bruise upon the temple. The claim that there was injury to the-abdomen is denied. The…
2Cases cited1 opinion
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
3Cited by21 opinions
- Niederman v. BrodskySupreme Court of Pennsylvania · 1970
- Battalla v. StateNew York Court of Appeals · 1961
- Comstock v. WilsonNew York Court of Appeals · 1931
- Yandrich v. RadicSupreme Court of Pennsylvania · 1981
- Block v. PascucciSupreme Court of Connecticut · 1930
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