Wooster v. Broadway & Seventh Avenue Railroad
New York Supreme Court
Appeal from circuit court, New York city. Action by Emma O. Wooster against the Broadway & Seventh Avenue Railroad Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes of the trial judge, defendant appeals.
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Appeal from circuit court, New York city. Action by Emma O. Wooster against the Broadway & Seventh Avenue Railroad Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes of the trial judge, defendant appeals. This action is for the recovery of damages for personal injuries received in a collision between a coupe in which the plaintiff was driving and defendant’s street car, caused, as it is alleged, by the negligence of the driver •of the car. The plaintiff also seeks to recover special damages,—the sum paid…
1Opinion of the Court
FOLLÉTT, J.
On the trial the plaintiff was asked:
“Question. The coachman who was driving at the time, how long had he •been in your employment? Answer. Oh, he had been with me for five years *379then. He is with us stül. Q. Do you find him careful or careless? (Objected to by the defendant as immaterial, incompetent, and irrelevant. Objection overruled. Defendant excepted.) A. Oh, very careful; a very careful driver, indeed. It was a gentle horse.”
Like evidence was given by the plaintiff’s husband, over the defendant’s objection and exception. This evidence was undoubtedly supposed to bear on the…
2Cases cited3 opinions
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Whitney v. GrossMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Dolan v. O'RourkeNorth Dakota Supreme Court · 1928
- Hodges v. HillMissouri Court of Appeals · 1913
- Chilberg v. ParsonsWashington Supreme Court · 1919
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