New York Court of Appeals, 1887

Tozer v. New York Central & Hudson River Railroad

Tozer v. New York Central & Hudson River Railroad
New York Court of Appeals · Decided March 8, 1887
1 Silv. Ct. App. 371; 6 N.Y. St. Rep. 447

Tozer v. New York Central & Hudson River Railroad

Opinion of the Court

Per Curiam.

This case falls within our decision in Strohm v. N. Y., L. E. & W. R. R. Co., 96 N. Y. 305. The testimony which was received under exception, as to the ulterior consequences which might ensue or be apprehended from the injuries received by the plaintiff, was quite as objectionable as that for the reception of which the judgment in the case cited was reversed.

The judgment appealed from should be reversed and a new trial granted, costs to abide the event.

All concur.

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