Spreen v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of tne Supreme Court in the first judicial department, entered November 2, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of tne Supreme Court in the first judicial department, entered November 2, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant. The facts, so far as material, are stated in the opinion. It was improper to receive proof of the profits of the business in which the deceased was engaged. (Masterton v. Vil. of Mount Vernon, 58 N. Y. 391; Walsh v. N. Y. C. R. R. Co., 204 N. Y. 58; Gombert v. N. Y.…
1Opinion of the Court
Willard Bartlett, Ch. J.
The only question which we deem it necessary to discuss in disposing of this appeal relates to the admission of certain evidence introduced to show the pecuniary injuries resulting from the decedent’s death to the person or persons for whose benefit the action was brought. (Code Oiv. Pro. § 1904.)
After having testified that she received money from her husband, the widow was asked what she received and how much. The question was objected to as irrelevant and immaterial, counsel adding to his objection the statement that the decedent was in business for himself, and that…
2Cases cited3 opinions
- Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
- Kronold v. . City of New YorkNew York Court of Appeals · 1906
- Read v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by11 opinions
- Steitz v. GiffordNew York Court of Appeals · 1939
- In re the Estate of PridellNew York Surrogate's Court · 1954
- Wilkinson v. BoehmAppellate Division of the Supreme Court of the State of New York · 1931
- Bissonette v. National Biscuit Co.Court of Appeals for the Second Circuit · 1939
- Young v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
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