Hagen v. Flynn

Appellate Division of the Supreme Court of New York

Hagen v. Flynn

181 A.D. 896

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

DecidedNovember 15, 1917

StatusPublished

This text of 181 A.D. 896 (Hagen v. Flynn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hagen v. Flynn, 181 A.D. 896 (N.Y. Ct. App. 1917).

Pincite

Opinion

Judgment and order of the County Court of Richmond county reversed, and new trial ordered, costs to abide the event, upon the ground that plaintiff did not make out a case by a fair preponderance of the evidence that justified a finding of negligence or absence of contributory negligence. The court should have granted the motion made to strike out the testimony as to the injury of the shoulder, as proof thereof was not permissible under the bill of particulars upon the question of damages. Jenks, P. J., Thomas, Mills, Putnam and Blackmar, JJ., concurred.

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Judgment and order of the County Court of Richmond county reversed, and new trial ordered, costs to abide the event, upon the ground that plaintiff did not make out a case by a fair preponderance of the evidence that justified a finding of negligence or absence of contributory negligence. The court should have granted the motion made to strike out the testimony as to the injury of the shoulder, as proof thereof was not permissible under the bill of particulars upon the question of damages. Jenks, P. J., Thomas, Mills, Putnam and Blackmar, JJ., concurred.

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Bluebook (online)

181 A.D. 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hagen-v-flynn-nyappdiv-1917.