McKenney v. American Locomotive Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American Locomotive Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 9th day of March, 1914, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 13th day of March, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith,. P. J.:
This judgment and order must be reversed for the error of the trial judge in excluding the testimony of Dr. Lord, sought to be adduced by the defendant as to the condition of the plaintiff’s eye prior to the accident. A physician examined in behalf of the plaintiff may be asked on cross-examination whether he had not treated the patient for the same disease at a prior time. (Marquardt v. Brooklyn Heights R. R. Co., 126 App. Div. 212.) He may also be asked respecting what he learned upon a subsequent examination, after his treatment at the time of the accident had ceased. (Powers…
2Cases cited5 opinions
- Capron v. . DouglassNew York Court of Appeals · 1908
- Fox v. Union Turnpike Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Rauh v. Deutscher VereinAppellate Division of the Supreme Court of the State of New York · 1898
- Powers v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Shaw v. Delaware, Lackwanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1908
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