Schramm v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Schramm v. Interurban Street Railway Co.

96 N.Y.S. 176

Appellate Terms of the Supreme Court of New York·Decided November 24, 1905·Published

Opinion

PER CURIAM.

Outside the questions whether the testimony of the plaintiff and a wayfarer countervailed that of the conductor, the motorman, and a foot passenger as to negligence, contributory negligence, and the absence of either or all, the reception against objection and exception of evidence of business profits called earn[177]*177ings, of many plaints not mentioned in the bill of particulars, of substantial payments to a physician not called and the value of whose services was not shown, and as to other outlays not proven material, require reversal.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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PER CURIAM.

Outside the questions whether the testimony of the plaintiff and a wayfarer countervailed that of the conductor, the motorman, and a foot passenger as to negligence, contributory negligence, and the absence of either or all, the reception against objection and exception of evidence of business profits called earn[177]*177ings, of many plaints not mentioned in the bill of particulars, of substantial payments to a physician not called and the value of whose services was not shown, and as to other outlays not proven material, require reversal.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

Schramm v. Interurban Street Railway Co., 96 N.Y.S. 176 (N.Y. Ct. App. 1905).

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96 N.Y.S. 176 (Schramm v. Interurban Street Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.