Blate v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
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 15th day of November, 1897, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 2d day of December, 1897, denying the defendant’s motion for a new trial made apon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages fot personal injuries alleged to have been sustained by reason of the defendant’s negligence. The plaintiff had a verdict of $5,000, and from the'judgment entered thereon and the order denying a motion for a new trial the defendant has appealed.
■ The plaintiff was engaged in manufacturing and selling mattresses, feather pillows and bedding; he also bought and sold iron bedsteads. Upon the trial he was permitted,' against the objection of the defendant, to state the gross receipts of his business for the year prior to the accident; and…
2Cases cited4 opinions
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Johnson v. Manhattan Railway Co.New York Supreme Court · 1889
- Marks v. Long Island RailroadNew York Court of Common Pleas · 1886
- Pill v. Brooklyn Heights RailroadNew York City Court · 1893
3Cited by3 opinions
- Waldie v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Jonas v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Waldie v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903