McAllister v. Ferguson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John W. Ferguson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of July, 1899, upon the verdict of a jury for $3,300, and also from an order entered in said clerk’s office on the 24th day of August, 1899, resettling an order entered in said clerk’s office on the 5th day of July, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
By reason of an error committed upon the trial, this judgment must be reversed, without reference to the other questions which have been elaborately argued. The plaintiff seeks to recover damages for injuries occasioned by the negligence of the defendant. There was no proof given upon the trial from which the jury could find that the injuries which the plaintiff sustained were permanent in their character, or from which any inference can arise that they will be jiermanent. When the matter of permanent injury was first called to the attention of the court, it stated that it did not…
2Cases cited3 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Butler v. . TownsendNew York Court of Appeals · 1891
- Weidinger v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Stewart v. FergusonAppellate Division of the Supreme Court of the State of New York · 1900
- Ivey v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901