Koehler v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Koehler v. Interurban Street Railway Co.

88 N.Y.S. 1056

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 23, 1904

StatusPublished

This text of 88 N.Y.S. 1056 (Koehler v. Interurban Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Koehler v. Interurban Street Railway Co., 88 N.Y.S. 1056 (N.Y. Ct. App. 1904).

Pincite

Opinion

SCOTT, J.

The justice should have granted the motion to strike out the evidence as to the value of the physician’s services, as that was not a proper element of the damage to the infant. As he did refuse to strike the evidence out, we are bound to presume that he included the amount in the sum for which he gave judgment. If the [1057]*1057plaintiff will within 10 days stipulate to reduce the judgment by $50, the judgment as so modified will be affirmed, without costs; otherwise it must be reversed and a new trial granted, with costs to appellant to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SCOTT, J.

The justice should have granted the motion to strike out the evidence as to the value of the physician’s services, as that was not a proper element of the damage to the infant. As he did refuse to strike the evidence out, we are bound to presume that he included the amount in the sum for which he gave judgment. If the [1057]*1057plaintiff will within 10 days stipulate to reduce the judgment by $50, the judgment as so modified will be affirmed, without costs; otherwise it must be reversed and a new trial granted, with costs to appellant to abide the event. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

88 N.Y.S. 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koehler-v-interurban-street-railway-co-nyappterm-1904.