Manigold v. Black River Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Black River 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 Jefferson on the 30th day of January, 1902, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 31st day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Black River 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 Jefferson on the 30th day of January, 1902, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 31st day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 26th day of ■ June, 1899, to recover damages for injuries sustained by the plaintiff on the 19th day of March, 1899, by being thrown from one of…
1Opinion of the Court
McLennan, J.:
The evidence adduced upon the trial was of such a character as to make the question of the defendant’s negligence and the plaintiff’s freedom from contributory negligence issues of fact for the determination of a jury. The extent of plaintiff’s injuries was sharply litigated, and a large part of the evidence was directed to that question, the plaintiff claiming in effect that as a result of the accident he not only suffered severe and constant pain up to time of the the trial, but that his injuries were of a permanent character, and that the pain and suffering would continue…
2Cases cited2 opinions
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- Wildrick v. MooreNew York Supreme Court · 1892
3Cited by43 opinions
- Birch v. AbercrombieWashington Supreme Court · 1913
- Iverson v. McDonnellWashington Supreme Court · 1904
- Prewitt-Spurr Manufacturing Co. v. WoodallTennessee Supreme Court · 1905
- Levinski v. CooperCourt of Appeals of Texas · 1911
- Morrison v. PerryUtah Supreme Court · 1943
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