Powers v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street 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 New York on the 15th day of March, 1904, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 15th day of March, 1904, denying the defendant’s motion for a new tidal made upon the minutes.
1Opinion of the Court
O’Brien, J.:
We are of the opinion that this judgment must be reversed for an error of the trial court in excluding certain testimony offered by the defendant.
*359The action is to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. On February 11,1898, one of its cars collided with a carriage driven by the plaintiff, he was thrown to the ground and injured, and immediately after the accident was taken to the Presbyterian Hospital.
For the purpose of proving the extent and nature of his injuries he called as a witness Dr. Cook, the…
2Cases cited2 opinions
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
- Rauh v. Deutscher VereinAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Patnode v. FooteAppellate Division of the Supreme Court of the State of New York · 1912
- McDonnell v. MonteithNorth Dakota Supreme Court · 1930
- Marquardt v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- McKenney v. American Locomotive Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Albers v. WilsonAppellate Division of the Supreme Court of the State of New York · 1922