Stevenson v. Second Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Second Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of March, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 23d day of March, 1898, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Second Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of March, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 23d day of March, 1898, denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover for the loss of services of the plaintiff’s son, George Stevenson, a boy of fourteen years, resulting from injuries alleged to have been sustained by…
1Opinion of the Court
O’Brien, J. :
The amount of damages awarded, when we take into consideration the boy’s age, his earning capacity, and the fact that he was not in rugged health, seems more than a fair compensation to the plaintiff for the loss of services of her son due to the injuries received by him while he was a passenger on the defendant’s car. Although we think the sum excessive, we might, by reducing the verdict to a proper amount, permit the judgment to stand, were it in all other respects right. We think, however, that the learned trial judge, in applying the rules of law to the facts, committed…
2Cases cited3 opinions
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Pollock v. Brooklyn & Cross-Town RailroadNew York Supreme Court · 1891
3Cited by6 opinions
- Hollahan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Szpyrka v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Ramson v. Metropolitan Street RailWay Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Adams v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ramson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
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