Johnson v. City of Troy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Troy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 28th day of January, 1907, upon the Verdict of a jury for $4,000, and also from an order entered‘in said clerk’s office on the 28th. day of January, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Chester, J.:
The plaintiff has had a verdict in his favor in an action for personal injury. In his complaint it is alleged that while he was riding in an ice wagon drawn by two horses upon Seventh aVenue, in *30Troy, the pavement suddenly gave way, and he, together with his horses and wagon,, was precipitated into a ditch or depression, “ thereby hurting, bruising, wounding and injuring this plaintiff in his back, head and side, causing him to be made sick, sore and lame, and be permanently disabled.” The plaintiff under this allegation was permitted to prove, against the defendant’s objection,…
2Cases cited3 opinions
- 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
- Lockwood v. Troy City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Long v. Fulton Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909