Sullivan v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street 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 New York on the 2Yth day of November, 1-900, upon the verdict of a jury for $400, and also from an order entered in said clerk’s office -on the: 30th day of November, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
We think that this judgment must be reversed for error committed in the admission of expert evidence relating to the character and extent of plaintiff’s injuries.
Dr. Oswald was called in behalf of the plaintiff, and testified that he had first examined him in June, 1900, nearly three years after the accident, which occurred in November, 1897, and had again examined him in September, 1900, and immediately before the trial. The plaintiff’s counsel then said: “ Take a person who prior to an injury received by a blow upon his head is in good health and active, and two years and eight…
2Cases cited3 opinions
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Atkins v. Manhattan Railway Co.New York Supreme Court · 1890
- Grotsch v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897