Clark v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 13, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a-motion for a new trial. The. nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 13, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a-motion for a new trial. The. nature of the action and the facts, so far as material, are stated in the opinion. The trial court permitted the plaintiff to attempt to drink a glass of water before the jury for the purpose of showing how he trembled, permitted the plaintiff to attempt to write his name for the purpose of showing the extent of his injuries. This was error,…
1Opinion of the CourtCray, J.
In this action, brought to recover damages for personal injuries sustained by the plaintiff, as the result of a collision between his wagon and a car, he was allowed by the court to leave the witness stand assisted and, at the request of his counsel, to exhibit himself to the jury in the act of writing his name and of taking a drink of water. The record ■represents him, through the stenographer’s notes, as taking a glass of water with both hands and as spilling the water, through the trembling of Ills hands, and as using his handkerchief in the same manner. The point of this exhibition was to…
2Cited by11 opinions
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- People v. AcevedoNew York Court of Appeals · 1976
- In re MaherAppellate Division of the Supreme Court of the State of New York · 1994
- Harvey v. Mazal American PartnersNew York Court of Appeals · 1992
- State v. SandovalIdaho Supreme Court · 1969
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