Legal Opinion

O'Brien v. New York, New Haven & Hartford Railroad

New York Supreme Court

Decided February 11, 1891PublishedCited by 2 opinions

Appeal from circuit court, New York county. Action by John O’Brien against the New York, New Haven & Hartford Railroad Company to recover damages for an alleged assault upon plaintiff by one of defendant’s employes. Defendant appeals from a judgment for plaintiff entered upon the verdict of a jury and from an order denying a motion for a new trial.

1Opinion of the CourtBrady, J.

In the case of Atkins v. Railway Co., reported in 10 N. Y. Supp. 432, and which was an action brought to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant, it appeared that the following question was asked of one of the medical witnesses by the plaintiff’s counsel, namely: “Tell the jury what results are likely to flow from the injuries from which Mrs. Atkins was suffering on the 3d of January, 1888." The question was objected to and overruled, and exception taken, and the learned presiding justice, in writing the opinion, said:…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Atkins v. Manhattan Railway Co.New York Supreme Court · 1890

3Cited by2 opinions

  1. Willard Oil Co. v. RileySupreme Court of Oklahoma · 1911
  2. Crenshaw v. Pendleton Mfg. Co.Supreme Court of South Carolina · 1949

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