Legal Opinion

Hammond v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1918Published

1Opinion of the Court

Plaintiff’s counsel in his opening made an inexcusable statement that since this accident defendant’s crossing- bell had been changed. After-wards, however, defendant’s photographer by mistaken identification introduced his pictures showing the later form of bell. Cross-examination exposing the photographer’s error then legitimately brought this change of bell before the jury. Otherwise such improper reference to changes after the accident would have required a new trial. Upon the issue whether the automatic bell was sounding as the train approached this crossing, plaintiff introduced…

2Cases cited2 opinions

  1. Auld v. . Manhattan Life Insurance CompanyNew York Court of Appeals · 1900
  2. Auld v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898

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