Gillespie v. Coney Island & Brooklyn Railroad
New York City Court
Appeal from trial term. Action by Frank V. Gillespie, an infant, etc., against the Coney Island & Brooklyn Eailroad Company to recover dámages for injuries sustained in a collision between two of defendant’s electric cars, in one of which defendant was riding. The negligence of defendant was admitted, and the only question in issue was as to the quantum of damages. Plaintiff was permitted to testify as to the speed at which the car was running at the time of the accident.
Read the full summary
Appeal from trial term. Action by Frank V. Gillespie, an infant, etc., against the Coney Island & Brooklyn Eailroad Company to recover dámages for injuries sustained in a collision between two of defendant’s electric cars, in one of which defendant was riding. The negligence of defendant was admitted, and the only question in issue was as to the quantum of damages. Plaintiff was permitted to testify as to the speed at which the car was running at the time of the accident. From a judgment entered ón a verdict for $980.79 in favor of plaintiff, and from an order denying a motion for a new…
1Per curiam
We think that the plaintiff had the right to prove the speed of the car; such proof would have a tendency to show the violence of the fall of the plaintiff. We have carefully examined the record in this case, and concluded that no error was committed by the judge or the jury on the trial.
Judgment and order denying new trial affirmed, with costs.
2Cited by1 opinion
- Davis v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907