Butler v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 5, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover for the loss of services of 'plaintiff’s wife, caused by injuries resulting from the alleged negligence of defendant. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 5, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover for the loss of services of 'plaintiff’s wife, caused by injuries resulting from the alleged negligence of defendant. The facts, so far as material, are stated in the opinion. The court erred in allowing the plaintiff’s wife to testify over objection and exception that the defendant’s guard told her…
1Opinion of the Court
Andrews, Ch. J.
The evidence supports the claim that through the negligence of the guard in closing the gate to the platform of one of the defendant’s cars, before the plaintiff’s wife, who was seeking to enter the car, had got upon the platform, she was seriously injured, and that as one of the consequences of the injury she had a miscarriage a few days thereafter. Her pregnancy had then existed a few weeks. The court permitted the jury to consider and to include in the verdict “ any damages arising from the injury and resulting in depriving the plaintiff of prospective offspring.” The charge…
2Cases cited1 opinion
- Etherington v. . the Prospect Park Coney Island Rd. Co.New York Court of Appeals · 1882
3Cited by55 opinions
- People v. CavinessNew York Court of Appeals · 1975
- Endresz v. FriedbergNew York Court of Appeals · 1969
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Pope v. StateSupreme Court of Alabama · 1911
- Sullivan v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
50 more not listed; retrieve them via the Exa API.