Page v. President of Delaware & H. Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Broome county. Action by George L. Page against the President, Managers & Company of the Delaware & Hudson Canal Company. From a judgment for plaintiff, and from an order denying a motion for new trial made on the minutes, defendant appeals. For opinion on former appeal, see 54 N. Y. Supp, 442. This action is brought for negligence.
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Appeal from trial term, Broome county. Action by George L. Page against the President, Managers & Company of the Delaware & Hudson Canal Company. From a judgment for plaintiff, and from an order denying a motion for new trial made on the minutes, defendant appeals. For opinion on former appeal, see 54 N. Y. Supp, 442. This action is brought for negligence. On or about 11th October, 1895, the plaintiff, who was not an employs of the defendant, was loading a car ■of bark upon one of the defendant’s switches. While thus engaged, the defendant’s 'employes ran one of its engines with great force…
1Opinion of the CourtSmith, J.
This appellant charges error in the court below in admitting evidence of the fact of the injury to the plaintiff’s sexual organs, over its objection that such injury was not specified in the pleading. In the case of Kleiner v. Railroad Co., 162 N. Y. 193, 56 N. E. 497, the rule is thus stated:
“The averment in the complaint in an action for personal injuries that plaintiff sustained a severe nervous shock is insufficient to justify her in proving that the result of that shock was to produce heart disease, vertigo, curvature of the spine, and other diseases, it not appearing that such…
2Cases cited9 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Tooker v. . ArnouxNew York Court of Appeals · 1879
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3Cited by1 opinion
- Page v. President of Delaware & H. Canal Co.Appellate Division of the Supreme Court of the State of New York · 1903