35 N.Y. 487, Matteson v. New York Cent. R. Co.

Citation:35 N.Y. 487
Party Name:JARED D. MATTESON, Respondent, v. THE NEW YORK CENTRAL RAILROAD COMPANY, Appellants.
Case Date:September 01, 1866
Court:New York Court of Appeals

Page 487

35 N.Y. 487

JARED D. MATTESON, Respondent,

v.

THE NEW YORK CENTRAL RAILROAD COMPANY, Appellants.

New York Court of Appeal

September 1, 1866

Page 488

COUNSEL

J. T. Spriggs and F. Kernan, for the appellants.

Waterman & Hunt, for the respondent.

SMITH, J.

The plaintiff's claim for damages was based principally upon the hypothesis that, by the concussion sustained by his wife in the defendants' car, she received an internal injury, which so affected her as to produce a partial paralysis, impairing, seriously and permanently, her health and physical capacity, rendering her unable to labor, or even to walk without assistance, and thereby subjecting him to great pecuniary loss and expense. In support of that theory,

Page 489

the plaintiff introduced testimony tending to show the nature and cause of the accident, the force of the concussion, its immediate and visible effects upon Mrs. Matteson, and that, previous to the accident, she attended actively and efficiently to her household affairs, although she was subject to occasional sickness, but that, since the accident, she had lost, to a great extent, the use of her limbs, her general health was greatly impaired, and she was unable to do any work. The testimony respecting her health and physical capacity covered a period of several years immediately preceding the trial, and including the time of the accident. In respect to her condition immediately before and after the accident, it appeared that, in the latter part of June, she visited some relations in the county of Oswego; that, on reaching the city of Oswego, she walked a mile from the railroad station to the house of a friend; that the next morning she rode by stage and wagon fourteen miles to the house of her sister, where she remained about two weeks; that, during her visit there, her health was good, she assisted her sister in her ordinary domestic work; and once she rode in a wagon six miles to visit another sister, and returned the same way; that, on the 6th of July, she rode to Oswego in a wagon, about noon, and after tea walked with some friends, two miles or more, in and about the city; and, on the next morning, she walked a mile to the railroad station, and took the cars at eight o'clock to return home; that, after the accident, she was brought to Utica upon the train, and was carried in a wagon a short distance up the street, where she took the stage the same afternoon and was carried to a neighbor's, where she waited for a conveyance from home; that, at the neighbor's, she appeared very ill and...

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