Marquardt v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 Kings on the 21st day of March, 1907, upon .the verdict of a jury for $1,500, and also from an order entered in said clerk’s office oil the 8th day of April, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is an action for personal injuries, caused by a collision between two cars, on one of which the plaintiff was a passenger. The serious question in the case was the extent of the plaintiff’s injuries. • She called as a witness a physician who attended her after the accident and who testified that he treated her for a nervous condition. The defendant’s counsel elicited from the witness on cross-examination the fact that he had treated the plaintiff for nervousness before the accident. The evidence was at first objected to as incompetent and inadmissible, and the court was about…
2Cases cited4 opinions
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
- Schlotterer v. Brooklyn & New York Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Powers v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Patnode v. FooteAppellate Division of the Supreme Court of the State of New York · 1912
- Woods v. Incorporated Town of LisbonSupreme Court of Iowa · 1911
- McDonnell v. MonteithNorth Dakota Supreme Court · 1930
- Seaman v. MottAppellate Division of the Supreme Court of the State of New York · 1908
- Albers v. WilsonAppellate Division of the Supreme Court of the State of New York · 1922