Legal Opinion

Brooks v. . Rochester Railway Co.

New York Court of Appeals

Decided June 7, 1898PublishedCited by 14 opinions

Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 26, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries'alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 26, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries'alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion. The court erred in sustaining plaintiff’s objection to the question put to witness Julia F. Haywood relating to her opinion expressed on the first trial as to the…

1Opinion of the CourtO'Brien, J.

The plaintiff recovered a verdict of $5,200 as her damages for a personal injury resulting from the defendant’s negligence in obstructing a street upon which the plaintiff was passing in a carriage. The questions presented by the appeal do not necessarily pertain and are not jjeculiar to the law of negligence. They may be involved in any other class of actions, since they relate to the measure of damages upon a peculiar state of facts. The questions arise out of' the circumstance that the plaintiff appears to have sustained two separate injuries on different occasions, and has recovered two…

2Cited by14 opinions

  1. People v. . FieldingNew York Court of Appeals · 1899
  2. People v. . ConrowNew York Court of Appeals · 1911
  3. People v. . CreasyNew York Court of Appeals · 1923
  4. People v. . CoreyNew York Court of Appeals · 1898
  5. People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902

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