Osterhout v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 10th day óf October, 1907, upon the verdict of a jury for $3,250, and also from- an order entered in1 said clerk’s office on the 25th day of August, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
The plaintiff recovered a verdict of $3,2'50 for personal injuries. At the time of such injuries - she was a married woman about twenty-six years old. She claims that she had been in a condition of pregnancy for about two months and that her injuries resulted in a miscarriage about two weeks thereafter. She was not attended by a physician until after the alleged miscarriage. She then walked to the office of a physician and thereafter received from him medical treatment. On. the trial this physician, after having testified' that he could not say positively from his examination and…
2Cases cited4 opinions
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
- Clegg v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Higgins v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Gleason v. Hudson Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911