Ramson v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Euphemia Ramson against the Metropolitan Street Railway Company. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Affirmed.
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Appeal from trial term, New York county. Action by Euphemia Ramson against the Metropolitan Street Railway Company. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Affirmed. The action is to recover for personal injuries sustained by the plaintiff by being thrown from the seat to the floor of one of the defendant’s northbound open horse cars on Sixth avenue, between Thirty-Fifth and Thirty-Sixth streets, on the afternoon of September 2, 1898. .The cause of the accident was due to an obstacle on the right side of the track, which tipfled the car…
1DissentMcLAUGHLIN, J.
We dissent from the conclusion that the judgment should be affirmed. Although the testimony bear*592ing upon the question of the inability of the plaintiff as the result of her injuries to bear children was, in the first instance, admitted without objection, it was clearly within the rights of the defendant at any subsequent stage of the trial to object, and have excluded any other evidence upon that subject, if, under the pleadings, it was incompetent. Here the complaint contained no such allegation of special damage. It has many times been held that under general allegations of injury from a…
2Cases cited5 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Geoghegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Reed v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902