Legal Opinion

Wade v. City of Mount Vernon

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1909PublishedCited by 3 opinions

Appeal by the defendant, The City of Mount Vernon, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the' office of the clerk of said county on the 20th day of October, 1908, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 23d day of October, 1908, denying the defendant’s motion for a new trial made upon the minutes in an action to recover damages for personal injuries sustained…

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Appeal by the defendant, The City of Mount Vernon, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the' office of the clerk of said county on the 20th day of October, 1908, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 23d day of October, 1908, denying the defendant’s motion for a new trial made upon the minutes in an action to recover damages for personal injuries sustained by falling upon accumulated snow and ice on a public sidewalk.

1Opinion of the Court

Gaynor, J.:

The lower end of the plaintiff’s radius was fractured in several places. Her family physician reduced the fractures and attended *390her. After five weeks lie took her to an expert surgeon at an hospital in New York City, and she remained and was treated there by the said surgeon for two weeks. He took an X-ray photograph of her. arm and hand, which showed the fractures. The trouble .was in setting them properly and getting them to unite! The family physician was examined as a witness for the plaintiff. He gave a history of the case, and testified to present impairment from the injury.…

2Cases cited2 opinions

  1. Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
  2. Post v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1909

3Cited by3 opinions

  1. McGlone v. Superior Trucking Co., Inc.West Virginia Supreme Court · 1987
  2. Treuhaft v. BenderAppellate Division of the Supreme Court of the State of New York · 1920
  3. Prendergast v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1916

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