Perelli v. New York City Railway Co.

Appellate Division of the Supreme Court of New York

Perelli v. New York City Railway Co.

120 A.D. 372, 104 N.Y.S. 1047, 1907 N.Y. App. Div. LEXIS 1181

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

DecidedJune 14, 1907

StatusPublished

This text of 120 A.D. 372 (Perelli v. New York City Railway Co.) 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

Perelli v. New York City Railway Co., 120 A.D. 372, 104 N.Y.S. 1047, 1907 N.Y. App. Div. LEXIS 1181 (N.Y. Ct. App. 1907).

Pincite

Opinion

Per Curiam :

- It was clear error .to submit to the jury any question as to the permanency of the plaintiff’s injuries,, for there was. no evidence ' justifying such submission: The plaintiff’s, physician, who alone '.was-interrogated on the point, declined to' express an opinion, urging" that an answer “ would be speculative because it all depends'- on the kind of, treatment he received.” There was no other evidence . on the subject.' • ’ - -

[373]*373The. judgment and order should be reversed and á new trial granted, with costs to appellant to abide the event.

Present — Patterson, P. J., McLaughlin, Laughlin, Houghton and SoOtt, JJ. 1 ...

Judgment and. order reversed, new trial ordered, costs to appellant to abide event.

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Per Curiam :

- It was clear error .to submit to the jury any question as to the permanency of the plaintiff’s injuries,, for there was. no evidence ' justifying such submission: The plaintiff’s, physician, who alone '.was-interrogated on the point, declined to' express an opinion, urging" that an answer “ would be speculative because it all depends'- on the kind of, treatment he received.” There was no other evidence . on the subject.' • ’ - -

[373]*373The. judgment and order should be reversed and á new trial granted, with costs to appellant to abide the event.

Present — Patterson, P. J., McLaughlin, Laughlin, Houghton and SoOtt, JJ. 1 ...

Judgment and. order reversed, new trial ordered, costs to appellant to abide event.

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Bluebook (online)

120 A.D. 372, 104 N.Y.S. 1047, 1907 N.Y. App. Div. LEXIS 1181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perelli-v-new-york-city-railway-co-nyappdiv-1907.