McKinney v. Grand Street, Prospect Park & Flatbush Railroad
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 February 10, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries alleged to have beenjcaused by defendant’s negligence.
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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 February 10, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries alleged to have beenjcaused by defendant’s negligence. A car on defendant’s road ran off on a switch track, and collided with another car going in the opposite direction, thus occasioning the injuries complained of. The facts material to the questions discussed are stated in the opinion. 6 The court erred in…
1Opinion of the Court
Ruger, Ch. J.
The defendant called as a witness one Chapman, a physician, and proposed to prove by him, the injuries claimed to have been suffered by the plaintiff in consequence of the collision in question, as learned by him upon a personal examination of the plaintiff when visiting her as a patient.
Upon a previous trial of this action this same witness had been called by the plaintiff, and had testified fully in her behalf as to all of the facts bearing upon her physical condition, as affected by the accident on the defendant’s railroad, as learned by him in his attendance upon the…
2Cases cited2 opinions
- Renihan v. . DenninNew York Court of Appeals · 1886
- Dewitt v. . Barley and SchoonmakerNew York Court of Appeals · 1853
3Cited by79 opinions
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- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
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- People v. . BloomNew York Court of Appeals · 1908
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