Green v. Metropolitan Street Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover damages for injuries received by the plaintiff from being run over by one of the defendant’s cable cars, in the city of New York.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover damages for injuries received by the plaintiff from being run over by one of the defendant’s cable cars, in the city of New York. The plaintiff was a boy of . about twelve years of age, living with his father on Columbus avenue, in the vicinity of the scene of the accident. He had been delivering goods between eight and…
1Opinion of the CourtGray, J.
I think this judgment should be reversed, and that a new trial should be had, for the error in excluding the testimony of the witness, Moorhead, when asked by defendant’s counsel to state “ what he, (the plaintiff), said, if anything, as to how this accident happened.” Moorhead was a surgeon, attached to the J. Hood Wright Hospital, and was in charge of the ambulance, which was summoned to convey the plaintiff, after meeting with his accident. It will be observed that the question called for no information, which was acquired by the surgeon to enable him to act as such. It called for…
2Cases cited3 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Griffiths v. Metropolitan Street Railway Co.New York Court of Appeals · 1902
3Cited by11 opinions
- People v. DecinaNew York Court of Appeals · 1956
- People v. Preston, New York County Courts1958
- Union Pac. R. v. ThomasCourt of Appeals for the Eighth Circuit · 1907
- Madsen v. Utah Light & Railway Co.Utah Supreme Court · 1909
- Travis v. HaanAppellate Division of the Supreme Court of the State of New York · 1907
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