Legal Opinion

Blate v. Third Ave. Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1898PublishedCited by 1 opinion

Appeal from trial term, New York county. Action by Simon Blate against the Third Avenue Railroad Company. From a judgment on a verdict and from an order denying a new trial,, defendant appeals. Reversed. For opinion on former appeal, see 44 N. Y. Supp. 615.

1Opinion of the CourtMcLAUGHLIN, J.

This action was brought to recover damages for personal injuries alleged to have been sustained by reason of the defendant’s negligence. The plaintiff had a verdict of $5,000, and from the judgment entered thereon and the order denying a motion for a new trial the defendant has appealed. ' The plaintiff was engaged in manufacturing and selling mattresses, feather pillows, and bedding. He also bought and sold iron bedsteads. Upon the trial he was permitted, against the objection of the defendant, to state the gross receipts of his business the year prior to the accident; and the court, after…

2Cases cited4 opinions

  1. Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
  2. Johnson v. Manhattan Railway Co.New York Supreme Court · 1889
  3. Marks v. Long Island RailroadNew York Court of Common Pleas · 1886
  4. Pill v. Brooklyn Heights RailroadNew York City Court · 1893

3Cited by1 opinion

  1. Waldie v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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