Miley v. Broadway & Seventh Avenue Railroad
New York Supreme Court
Appeal from circuit court, Eew York county. Action for personal injuries by John B. Mi lev against the Broadway & Seventh-Avenue Railroad Company. From a judgment on a verdict in plaintiff’s favor, and from an order denying its motion for a new trial, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover damages alleged to have been sustained by reason of the negligence of the servants of the defendants. There is only one question presented by the appellant upon this appeal, and that is, that there is no evidence in the case sufficiently certain to *456justify the inference that the injuries received by the plaintiff would be permanent, and that therefore the court erred in refusing to charge that there was no evidence in the case which would justify the jury in awarding the plaintiff damages as for a permanent injury, and that it was error for the court to…
2Cited by1 opinion
- Elsas v. Second Avenue RailroadNew York Supreme Court · 1890