Deutschmann v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Patterson and O’Brien, JJ., dissented. Appeal by the defendant, the Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of March, 1902, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 13th day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Patterson, J. (dissenting):
We dissent. The admission in evidence of the rules of the company, if technically erroneous, was harmless. Concerning the ruling as to the testimony of Dr. Parslow, it is apparent that the plaintiff intended to show that he was a hostile witness; that he had himself stated that the defendant had offered him money to testify in its behalf and against his own patient, and his appearance as a witness for the defendant justified an inquiry into his relations with the company, for he had been the plaintiff’s attending physician. Such an inquiry is not into collateral…
2Cases cited2 opinions
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- Gumby v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901