Cross v. . City of Syracuse
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 22, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 22, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s exceptions to the admission of expert testimony were well taken, and the improper admission of the evidence objected to was reversible error. (Raynor v. M. S. R. Co., 106 App. Div. 449; Mackey v. I. S. R. Co., 115 App. Div. 467; Newton v. N. Y., N. H.…
1Opinion of the CourtWillard Bartlett, J.
This is an action to recover damages for personal injuries sustained by the plaintiff by falling upon a board sidewalk in the city of Syracuse. • The only questions presented by the appeal relate to rulings as to the admission of evidence and to an alleged error in the charge.
The testimony of the plaintiff herself tended to show that she had suffered a constant pain in her left side as a result of the accident which had disabled her from work to a considerable extent. The accident occurred on March 2, 1907. A physician who was called as a witness in her behalf testified that he performed an…
2Cases cited7 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
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- Johnson v. Connecticut Co.Supreme Court of Connecticut · 1912
- Rugenstein v. OttenheimerOregon Supreme Court · 1914
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