Daniel Lyons, Respondent v. the Erie Railway Company, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that testimony about the plaintiff’s physician’s advice to exercise was admissible and that an injured plaintiff need only use ordinary care in mitigating his injuries, not the most skillful treatment. The court also affirmed the trial court’s discretion to permit counsel to read portions of a secondary work to the jury as argument, not as evidence.