Neill v. Brooklyn Elevated Railroad

Decided June 15, 1895

New York City Court · decided 1895-06-15

Action to recover damages for personal injuries alleged to have been caused through the negligence of the defendant’s employees. Plaintiff, who was a night watchman, while sitting outside the premises he was employed to watch, was struck on the knee and thigh by a' large clinker which fell from one of defendant’s engines, causing serious injury thereto and incapacitating him from working at his ordinary occupation as a mechanical engineer.

Relies on McQuigan v. Delaware, Lackawanna & Western R. R.

Decided 1895-06-15

Per Curiam.

¶1The learned counsel for the appellant contends that the damages awarded by the jury were excessive. We have very carefully read the appeal book and the briefs in the case, and, while the verdict was large, we do not think that we should exercise our power to reduce the damages.

¶2The court was right in refusing to compel the plaintiff to remove his clothing and exhibit his knee to the jury. Roberts v. Ogdensburgh., etc., R. R. Co., 29 Hun, 154; McQuigan v. Delaware, etc., R. R. Co., 129 N. Y. 50; Elfers v. Woolley, 116 id. 294; Lyon v. Manhattan R. R. Co., 142 id. 298.

¶3Judgment and order denying new trial affirmed, with costs.

¶4Present: Clement, Oh. J., and Osborne, J.

¶5Judgment and order affirmed, with costs.