Perelli v. New York City Railway Co.

Full title: JOSEPH PERELLI, Respondent, v . NEW YORK CITY RAILWAY COMPANY, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 14, 1907

120 App. Div. 372 (N.Y. App. Div. 1907)

104 N.Y.S. 1047

Opinion

June 14, 1907.

Bayard H. Ames, for the appellant.

Thomas F. Gilroy, Jr., for the respondent.

Present — PATTERSON, P.J., McLAUGHLIN, LAUGHLIN, HOUGHTON and SCOTT, JJ.

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.

The judgment and order should be reversed and a new trial granted, with costs to appellant to abide the event.

PER CURIAM:

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