Roche v. . Brooklyn City Newtown R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 9, 1884, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries received by plaintiff while a passenger on one of defendant’s cars, and alleged to have been caused by defendant’s negligence.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 9, 1884, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries received by plaintiff while a passenger on one of defendant’s cars, and alleged to have been caused by defendant’s negligence. The facts, so far as material to the questions discussed, are stated in the opinion. The court erred in allowing the witness McElroy, who…
1Opinion of the CourtPeckham, J.
The only question in this case arises upon the admission of the testimony of a third party that the plaintiff, some days after the happening of the accident which caused her injury complained that she was suffering pain in her injured arm The witness did not testify that on these occasions the plaintiff screamed or groaned or gave other manifestations of a seemingly involuntary nature and indicative of bodily suffering, but he proved simple statements or declarations made by plaintiff, that she was at the time of making them suffering pain in her arm. The plaintiff was herself sworn and…
2Cases cited5 opinions
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
- Caldwell v. . MurphyNew York Court of Appeals · 1854
- Reed v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Werely v. . PersonsNew York Court of Appeals · 1863
- Hagenlocher v. . the C.I. B.R.R. Co.New York Court of Appeals · 1885
3Cited by28 opinions
- Davidson v. . CornellNew York Court of Appeals · 1892
- Atlanta Street Railroad v. WalkerSupreme Court of Georgia · 1893
- Board of Commissioners v. LeggettIndiana Supreme Court · 1888
- Broyles v. PrisockSupreme Court of Georgia · 1896
- Williams v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
23 more not listed; retrieve them via the Exa API.