Kelly v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Traction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the'11th day of March, 1903, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 23d day of March, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, P. J.:
In this action the plaintiff has recovered a verdict for $2,500 against the defendant as damages sustained by her through its negligence while riding on one of its cars.
The defendant appeals from the judgment thereon entered, and on this argument seriously urges but one ground for reversal, viz., that the trial court improperly permitted Dr. MacFarlane to testify as to whether or not the plaintiff’s injuries were of a permanent character.
The- question on the trial was presented in the following manner: “ Q. What do you say as to whether her present condition will be permanent ?…
2Cases cited4 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Clegg v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Streng v. Frank Ibert Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Goldman v. London Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- Weber v. International Railway Co.New York Supreme Court · 1907