Walsh v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1910, affirming, by a divided court, a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The damages allowed were based on incompetent evidence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1910, affirming, by a divided court, a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The damages allowed were based on incompetent evidence. (Gombert v. L. V. R. Co., 195 N. Y. 273.) The plaintiff, by settling with the Erie Eailroad Company, a joint tort feasor, released this defendant. (Gilbert v. Finch, 173 N. Y. 455; Dahlstrom v. Gemunder, 198 N. Y. 449; Barrett v. T. A. R.…
1Opinion of the CourtWerner, J.
This is an action to recover damages for personal injuries, and it presents two questions upon which there has thus far been some difference of judicial opinion. The first question is whether the plaintiff should be precluded from maintaining this action because he compromised or settled another suit which he brought against the Erie Eailroad Company on account of the same accident. The second question is whether the trial court made erroneous rulings in admitting evidence designed to establish the plaintiff’s earning capacity prior to the casualty in which he was injured. All the other…
2Cases cited8 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Livingston v. BishopNew York Supreme Court · 1806
- Kronold v. . City of New YorkNew York Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gillman v. SternCourt of Appeals for the Second Circuit · 1940
- Mahoney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
- Velazquez v. Water Taxi, Inc.New York Court of Appeals · 1980
- Verchereau v. JamesonSupreme Court of Vermont · 1961
- Ohio Public Service Co. v. SharkeyOhio Supreme Court · 1927
11 more not listed; retrieve them via the Exa API.