Hynds v. Brooklyn Heights R.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Kings County. Action by Catharine Hynds against the Brooklyn Heights Railroad Company. ^ From a judgment on a verdict for plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals.
1DissentHooker, J.
(dissenting.) The plaintiff has a verdict in this action for personal injuries, and the defendant, to support its appeal, urges that error was committed by the trial court in allowing proof of inflammation and eruptions on the plaintiff’s abdomen, because they were not pleaded. The allegation in the complaint is that the plaintiff was struck violently in the abdomen by the turnstile maintained by the defendant, “bruising her, and leaving her in a dazed condition from the pain; that her person was severely bruised and blackened on the outer part of the abdomen by the injury, and she was…
2Cases cited3 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903