Mullady v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of January, 1901, upon the verdict of a jury for '.$6,500, and also from an order entered in said clerk’s office on the 7th day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes, and granting an extra allowance of •costs to the plaintiff.
1Opinion of the Court
Jenks, J.:
The plaintiff complained that he “ sustained serious and lasting bodily injuries, and injuries to his head, limbs and nervous system, as well as internal injuries.” The appellant contends that it was error to admit testimony of impaired hearing and eyesight. In Quirk v. Siegel-Cooper Co. (43 App. Div. 464) we held, per Bartlett, J., that similar testimony was admissible under the allegation that the plaintiff “ sustained serious and painful internal and other bodily injuries,” refusing to restrict the words “ bodily injuries ” and their context so as to exclude such testimony.…
2Cases cited3 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Quirk v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Senko v. FondaAppellate Division of the Supreme Court of the State of New York · 1976
- Piltz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Becker v. City of New YorkCivil Court of the City of New York · 2002
- Melish v. New York Consolidated RailroadNew York Supreme Court · 1919
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
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