Morris v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1,1893, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and also affirmed an order denying defendant’s motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1,1893, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and also affirmed an order denying defendant’s motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion. After a litigant has fully determined to make a public exposure of all his ailments and diseases, the original reason of the…
1Opinion of the CourtO’Brien, J.
The responsibility-of the defendant for the personal injuries for which the plaintiff recovered in this case depended upon questions of fact. The questions with respect to the defendant’s negligence and the plaintiff’s negligence contributing to the injury as well as the nature and character of the contract under which the plaintiff was in the defendant’s cars, as a passenger, were all properly submitted by the learned trial judge to the jury.
The only questions involved in this appeal • arise upon exceptions taken by the defendant’s counsel to the exclusion of certain evidence, offered by…
2Cases cited4 opinions
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Rosseau v. . BleauNew York Court of Appeals · 1892
- Marx v. Manhattan Railway Co.New York Supreme Court · 1890
3Cited by47 opinions
- People v. . BloomNew York Court of Appeals · 1908
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Capron v. . DouglassNew York Court of Appeals · 1908
- Munzer v. Swedish American LineDistrict Court, S.D. New York · 1940
- Jones v. City of CaldwellIdaho Supreme Court · 1911
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