Perry v. Village of Potsdam

Citations

• 106 A.D. 297
• 94 N.Y.S. 683

Syllabus

<p>What errors are renewable on an appeal from a judgment — effect of not moving foi' the direction of a verdict —proper chai'ge, in an action to recover for an injury on a village street, as to another person having been injured thereon.</p> <p>Upon an appeal from a judgment entered upon the verdict of a jury, the appellant can only complain of errors which are pointed out by objections and exceptions to the rulings made.</p> <p>Where, upon such an appeal, it appears that the appellant made no motion at the close of the case for the direction of a verdict, he cannot be heard to claim that the case should not have been submitted to the jury.</p> <p>When, in an action brought to recover damages for personal injuries, sustained by the plaintiff in consequence of falling upon a defective sidewalk in the defendant village, a witness testified that shortly before the accident, she fell upon the same sidewalk Within a very short distance from where the plaintiff fell, if not at the precise point, it is not improper for the court to submit such evidence to the jury under instructions to give no effect thereto unless they find that the Witness fell at the same place at which the plaintiff did.</p>