Clarke v. Westcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the'defendant, Robert E. Westcott, as president of the Westcott Express Company, from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered upon the verdict of a. jury, and also from an order denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages resulting from personal injuries to the plaintiff alleged to have been caused by the negligence of the defendant.
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Appeal by the'defendant, Robert E. Westcott, as president of the Westcott Express Company, from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered upon the verdict of a. jury, and also from an order denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages resulting from personal injuries to the plaintiff alleged to have been caused by the negligence of the defendant. No question is made by the appellant but that there was sufficient evidence to support a verdict for the plaintiff, so far as…
1Opinion of the Court
Williams, J.:
The first error in the reception of evidence complained of was, ill permitting the plaintiff to testify that the defendant’s witnesses Brown and Frasier said, while helping her in from the street where the accident occurred, in substance, that they thought the plaintiff would be killed and that defendant’s driver ought to be arrested. The plaintiff had sworn that she was struck by the defendant’s horse and wagon while Crossing the street and was thereby thrown ■down and injured. These'two men, Brown and Fraiser, had testified that plaintiff was not struck by the.horse and wagon…
2Cited by4 opinions
- Gerbing v. McDonaldWisconsin Supreme Court · 1930
- Yarrow v. United StatesDistrict Court, S.D. New York · 1970
- Jackson v. CogganDistrict Court, S.D. New York · 1971
- Lee v. Town of SaratogaAppellate Division of the Supreme Court of the State of New York · 1914