Legal Opinion

Fogel v. Interborough R. T. Co.

New York Supreme Court

Decided February 15, 1907PublishedCited by 2 opinions

Motion by defendant for a new trial on the ground of newly-discovered evidence in an action by a passenger against a carrier to recover for personal injuriés.

1Opinion of the CourtFitzgerald, J.

Upon the trial of an action to recover damages for personal injuries, a verdict of $6,000 in plaintiff’s favor was rendered. Affirmances of the judgment entered upon that verdict have been held at the Appellate Division of this court and in the Court of Appeals. In the opinion filed upon the decision in the Court of Appeals it was said that “the affirmance should be without prejudice to the defendant to move for a new trial upon the ground that paralysis had not occurred.” There was a conflict of evidence upon the trial as to the extent and character of the boy’s injuries. A physician called…

2Cases cited3 opinions

  1. Nugent v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. Fogel v. . Interborough Rapid Transit CompanyNew York Court of Appeals · 1906
  3. Jensen v. Hamburg-American Packet Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. Boise Payette Lumber Co. v. Idaho Gold Dredging Corp.Idaho Supreme Court · 1936
  2. Curran v. HargreavesAppellate Division of the Supreme Court of the State of New York · 1937

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