Nelson v. . Village of Oneida
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered March 9, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been sustained through the negligence of defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered March 9, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been sustained through the negligence of defendant. The facts, so far as material, are stated in the opinion. The court erred in sustaining the objection to the evidence of Dr. M. Cavana. (Edington v. Ætna L. Ins. Co., 77 N. Y. 564, 569, 570; People v. Schuyler, 106 N. Y. 298;…
1Opinion of the Court
Parker, Ch. J.
The judgment under review awards to the plaintiff $2,500 for damages sustained by a fall due to a defective sidewalk.
The injuries the plaintiff claimed to have suffered were an umbilical hernia, a prolapsus of the uterus and several bruises.
The defendant attempted to show by the plaintiff’s physician that she had an umbilical hernia before the accident, and the exception taken to the exclusion of the evidence is relied upon by the appellant as furnishing sufficient ground for a reversal of the judgment. The physician testified that prior to the accident he had attended upon and…
2Cases cited3 opinions
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- People v. . SchuylerNew York Court of Appeals · 1887
- Hoyt v. . HoytNew York Court of Appeals · 1889
3Cited by18 opinions
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- Hughson v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
- Massachusetts Mutual Life Insurance Company v. Thomas E. BreiCourt of Appeals for the Second Circuit · 1962
- Battis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904
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