Orlando v. Syracuse Rapid Transit Railway Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant, the.Syracuse. Rapid Transit 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 Onondaga on the 29th day of April,. 1905, upon the verdict of a jury for $1,000; also from an order entered in said clerk’s office on the 5th day of May, 1905, denying, the defendant’s, motion for a new trial made upon the minutes, and also from an- order entered in said clerk’s office on…
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' Appeal by the defendant, the.Syracuse. Rapid Transit 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 Onondaga on the 29th day of April,. 1905, upon the verdict of a jury for $1,000; also from an order entered in said clerk’s office on the 5th day of May, 1905, denying, the defendant’s, motion for a new trial made upon the minutes, and also from an- order entered in said clerk’s office on the 9th day of May, 1905, vacating and setting aside a previous order for the physical exapiination of the plaintiff…
1Opinion of the Court
Williams, J.:
The judgment and orders should be affirmed, with costs.
The action is to recover damages for personal injuries claimed to have been the result of defendant’s negligence.
Upon the trial the only question tried was the extent of plaintiff’s injuries and the amount of damages to be recovered.
Before the trial an order for the physical examination of the plaintiff was obtained ex parte under section 873 of the Code of Civil Procedure. The affidavits upon which the order was made showed, as required by subdivision i of section 872, that the defendant was ignorant.of the nature and extent…
2Cases cited2 opinions
- Davidson v. . CornellNew York Court of Appeals · 1892
- McCready v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Conforti v. Central School District No. 3 of Lloyd, Marlboro, New Paltz & EsopusAppellate Division of the Supreme Court of the State of New York · 1954
- Swiatlowski v. KasprzykNew York Supreme Court · 1956
- Leas v. New York & Albany Lighterage Co.New York Supreme Court · 1922