Artis v. Buffalo, Rochester & Pittsburgh Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo, Rochester and Pittsburgh Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 3d day of September, 189.5, upon the verdict of a jury rendered after a trial at the Monroe Circuit, and also from an order entered in said clerk’s office on the 3d day of September, 1895, denying the defendant’s motion for a new trial made upon a case and exceptions.
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Appeal by the defendant, the Buffalo, Rochester and Pittsburgh Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 3d day of September, 189.5, upon the verdict of a jury rendered after a trial at the Monroe Circuit, and also from an order entered in said clerk’s office on the 3d day of September, 1895, denying the defendant’s motion for a new trial made upon a case and exceptions. This action was commenced for the recovery of damages for personal injuries to the plaintiff, alleged to have been…
1Opinion of the Court
Adams, J.:
This case is by no means free from circumstances which cast suspicion upon the lona fides of the claim which lies at its foundation. That the plaintiff, after receiving the injury complained of, which crushed one of his hands so completely as to make subsequent amputation necessary, should deliberately request a co-employee to hold his lantern in proper position so that he could examine and ascertain the cause of his injury, evinces a control of the nervous system so remarkable and rare that one is inclined to qualify his admiration for the courage displayed with a slight tinge of…
2Cases cited2 opinions
- Filbert v. President, Managers and Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
- Haskins v. New York Central & Hudson River RailroadNew York Supreme Court · 1894
3Cited by1 opinion
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906