Legal Opinion

Smith v. Nassau Electric Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1901PublishedCited by 4 opinions

Appeal by the defendant, the Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the- 15th day of June, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:

This is an appeal from judgment entered on a verdict for $1,054, recovered by the plaintiff in his action for damages for personal injuries resulting from the negligence of the defendant, and from an order denying a new trial on the minutes. The appellant challenges the amount of the verdict as excessive, and a ruling of the learned trial justice upon the evidence as erroneous.

Mrs. Judge, not a physician, called by the plaintiff, was asked by plaintiff’s counsel: “ Q. You say he was a bright,-sharp man before this accident ? * * * Objected to as leading, and a conclusion of the…

2Cases cited5 opinions

  1. E. G. Blakslee Manufacturing Co. v. E. G. Blakslee's Sons Iron WorksNew York Court of Appeals · 1891
  2. Sterrett v. . Third National Bank of BuffaloNew York Court of Appeals · 1890
  3. Briggs v. . WaldronNew York Court of Appeals · 1881
  4. McMurray v. GageAppellate Division of the Supreme Court of the State of New York · 1897
  5. Duckwitz v. FullerAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
  2. McCoy v. MunroAppellate Division of the Supreme Court of the State of New York · 1902
  3. McCoy v. MunroAppellate Division of the Supreme Court of the State of New York · 1902
  4. Mollineaux v. ClappAppellate Division of the Supreme Court of the State of New York · 1904

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