Higgins v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Traction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 19th day of January, 1904, upon the verdict of a jury for $1,000, and also from, an order entered in said clerk’s office- on the 20th day of January, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the United Traction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 19th day of January, 1904, upon the verdict of a jury for $1,000, and also from, an order entered in said clerk’s office- on the 20th day of January, 1904, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff has sued the defendant for damages for negligence, Her claim is that in alighting from one of the defendant’s cars the car started up before she had left the same, thereby…
1Opinion of the Court
Smith, J.:
Upon the trial of this action one Morris, a-physician, was called in behalf of the plaintiff. In a hypothetical question, which assumed as true certain facts clairhed to have been proven by the plaintiff, he Was asked: “ What would you say produced the condition in which you found this woman upon your examination?” To this he answered: “ An injury could produce that condition.” Thereupon "the witness was asked by plaintiff’s attorney: “Would an injury Such as she received upon that day be likely to produce the Condition which I have related to you?” This was objected to by…
2Cases cited2 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Bellemare v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Crenshaw v. Pendleton Mfg. Co.Supreme Court of South Carolina · 1949
- Osterhout v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Osterhout v. Delaware, L. & W. RailroadAppellate Terms of the Supreme Court of New York · 1910
- Tutt v. City of RensselaerAppellate Division of the Supreme Court of the State of New York · 1908