Legal Opinion

Elsas v. Second Avenue Railroad

New York Supreme Court

Decided March 14, 1890PublishedCited by 1 opinion

Appeal from circuit court, New York county. Action by Myer Elsas against the Second Avenue Railroad Company. There was a verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtBrady, J.

This action was brought to recover compensation in damages for injuries resulting to the plaintiff from the defendant's negligence. During the trial, Dr. Nichols, who was examined on plaintiff’s behalf, and who described his injury, was asked: “From what you know of the nature of such an injury, is the result that arises therefrom such that pain and suffering might be permanent?” This was objected to as a conjecture, and excluded. Later on, the learned justice presiding suggested to the plaintiff’s counsel that he thought it quite within his province to ask Dr. Nichols if, in his opinion, the…

2Cases cited2 opinions

  1. Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
  2. Miley v. Broadway & Seventh Avenue RailroadNew York Supreme Court · 1890

3Cited by1 opinion

  1. Savage v. Third Avenue RailroadCity of New York Municipal Court · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API