Alberti v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. It was error to receive in evidence the deposition of the plaintiff and the testimony of his wife that the plaintiff had no other means of support for himself and wife than what he earned. (2 Sedg. on Dam. 552; Morse v. S., etc., R. R. Co., 10 Barb. 621, 623, 624; Ramson v. R. R. Co., 15 N. Y. 415;…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury.
In July, 1885, the plaintiff was a passenger upon the defendant’s express train, and was seated in one of the sleeping cars. When the train was near Oxford, in the county of Orange, it came into collision with a partially displaced door of a freight car, going in the opposite direction, which broke the windows and the partition between them at which the plaintiff was sitting. He was struck by the broken pieces of glass and timber and so injured that the muscles of the legs contracted in such a way as to draw both legs up against…
2Cases cited15 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
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3Cited by29 opinions
- People v. DavisNew York Court of Appeals · 1977
- People v. ByrnesNew York Court of Appeals · 1974
- Law Ex Rel. Law v. HemmingsenSupreme Court of Iowa · 1958
- Pence v. WaughIndiana Supreme Court · 1893
- Cunningham, Admx. v. Fair Haven Westville R. Co.Supreme Court of Connecticut · 1899
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