Griebel v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Com-, pony, 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 9th day of May, 1901, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the Otli day of May, 1901, denying the defendant’s motion for. a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
According to the testimony of the plaintiff he was injured by accidentally driving into a hole in the street near the railroad track of the defendant. His wounds were treated at the Homoeopathic Hospital in Brooklyn. One of the witnesses called by the defendant was the surgeon who had accompanied the plaintiff in the ambulance from the place of the accident to the hospital. This witness was asked, “ Did the plaintiff state to you in the hospital ambulance that he had slipped from his wagon while trying to get onto it and that the wagon ran over him ? ” From the record it…
2Cases cited3 opinions
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- De Jong v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Green v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Booren v. McWilliamsNorth Dakota Supreme Court · 1914
- Missouri Pac. Ry. Co. v. CastleCourt of Appeals for the Eighth Circuit · 1909
- Griebel v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- People v. RunionAppellate Division of the Supreme Court of the State of New York · 1957