Seifter v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division ot the Supreme Court in the second judicial department, entered November 26, 1900, affirming a judgment i-n favor of plaintiff entered upon a verdict and- an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division ot the Supreme Court in the second judicial department, entered November 26, 1900, affirming a judgment i-n favor of plaintiff entered upon a verdict and- an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing to dismiss the complaint upon defendant’s motion, made upon the ground that there is no proof of unbroken connection between any wrongful act of the defend - ant and the death of the plaintiff’s intestate. (Pollett v. Long, 56 N. Y. 206;…
1Opinion of the Court
Parker, Oh. J.
The only serious question presented in this case is whether the guessing of medical experts, based upon inaccurate hypothetical questions, to the effect that a broken bone in the ankle, which did not perforate the skin, caused septic pneumonia four and one-half months afterwards, furnishes sufficient support for a verdict of a jury awarding damages against the negligent party for the resulting death. The. question of the defendant’s negligence will not be considered, for it can be said that there was some evidence in its support. 27or can there be any reasonable doubt of the…
2Cases cited1 opinion
- Laidlaw v. . SageNew York Court of Appeals · 1899
3Cited by19 opinions
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Claim of Riehl v. Town of AmherstNew York Court of Appeals · 1954
- Salsedo v. PalmerCourt of Appeals for the Second Circuit · 1921
- Rey v. Colonial Nav. Co.Court of Appeals for the Second Circuit · 1941
- Honer v. NicholsonSupreme Court of Minnesota · 1936
14 more not listed; retrieve them via the Exa API.