Broderick v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn, Queens County and Suburban 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 Queens on the 2d day of March, 1918, upon the verdict of a jury for $7,250, and also from an order entered in said clerk’s office on the 10th day of April, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jaycox, J.:
The plaintiff was injured by stepping into a hole while alighting from a car of the defendant. The evidence given upon the trial as to the manner in which the accident happened fully justified a finding of the defendant’s liability. One of the seriously litigated questions was: Did the condition from which the plaintiff was suffering at the time of the trial result from this accident, or was it the result of some organic trouble not caused by the accident? This question was closely contested, and the plaintiff in support of her contention called her attending physician and two…
2Cases cited4 opinions
- Marx v. Ontario Beach Hotel & Amusement Co.New York Court of Appeals · 1914
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
- Hogan v. . Central Park, North and East River Rd. Co.New York Court of Appeals · 1891
- People v. BrowNew York Supreme Court · 1895
3Cited by2 opinions
- Scala v. ScalaAppellate Division of the Supreme Court of the State of New York · 1963
- People v. FlahertyAppellate Division of the Supreme Court of the State of New York · 1926