Lauck v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the General Term of the City' Court, affirming a judgment in favor of the plaintiff, entered upon the verdict of a jury, and affirming an order denying defendant’s motion for a new trial.
1Opinion of the CourtFreedman, P. J.
The action was brought for the recovery of damages for personal injuries alleged to have been sustained by the plaintiff in consequence of defendant’s negligence. The complaint contained no averment showing that the plaintiff was a married woman and that notwithstanding that fact she was, for some reason or other, entitled to the fruits of her labor, or that she was engaged in business on her own account and by reason of her injuries had suffered loss therein. That being so, and it appearing at the trial that she was a married woman, it was error on the part of the trial judge to permit her,…
2Cases cited3 opinions
- Uransky v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1890
- Austin v. BartlettAppellate Division of the Supreme Court of the State of New York · 1901
- Klapper v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901