Griswold v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment in favor of the plaintiff, entered upon a -verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The facts, so far as material to the question. discussed, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment in favor of the plaintiff, entered upon a -verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The facts, so far as material to the question. discussed, are stated in the opinion. The court erred in permit- ' ting Dr. Squires to answer the following question: '“I ask you what the result of such a fall, in…
1Opinion of the CourtFinch, J.
The plaintiff, after proving the injury which she had suffered from the negligence of the defendant company, was allowed to inquire of a medical witness, having knowledge of the case, as to the probability of her recovery. The same question, with slight and immaterial changes of form, was permitted to be answered by other competent medical witnesses, and the exceptions to this class of evidence furnish the sole ground of appeal.
The appellant relies upon Strohm v. New York, Lake Erie and Western Railroad Company (96 N. Y. 305) and Tozer v. New York Central and Hudson River Railroad Company…
2Cases cited2 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
3Cited by8 opinions
- Philips v. PhilipsAppellate Division of the Supreme Court of the State of New York · 1902
- In re Gedney's WildNew York Surrogate's Court · 1913
- Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1902
- Barkley v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Barkley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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