Legal Opinion

Myers v. United Traction Co.

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

Decided July 15, 1921Published

1Opinion of the Court

Judgment and order reversed and new trial granted, with costs to appellant to abide event, on the ground that there is no legal evidence of permanent injury, and that the court should have so charged, as requested, and that it was error to permit the witness to swear that there was a reasonable probability that the injury was permanent. All concur, except Kiley, J., *959dissenting. Woodward, J., concurs and votes for reversal on the further ground that the verdict is against the clear weight of evidence as to the negligence of the defendant and the freedom from contributory negligence of the…

2Cases cited3 opinions

  1. Magar v. . HammondNew York Court of Appeals · 1906
  2. Remer v. Long Island RailroadNew York Supreme Court · 1888
  3. Mapes v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900

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