Ihl v. Forty-Second Street & Grand Street Ferry Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, afiirming a judgment in favor of plaintiff upon verdict and affirming order denying motion for new trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, afiirming a judgment in favor of plaintiff upon verdict and affirming order denying motion for new trial. This is an action brought by the administrator of a deceased child, three years and two months old at the time of his death, to recover under the statute of 1847 (chap. 450, Laws 1847, amended by chap. 256, Laws of 1849), for the pecuniary injuries suffered by the next of kin of the deceased by reason of his death, which is alleged to have resulted from the carelessness and negligence of…
1Opinion of the CourtRapallo, J.
The absence of proof of special pecuniary damage to the next of kin resulting from the death of the child would not have justified the court in nonsuiting the plaintiff, or in directing the jury to find only nominal damages. It was within the province of the jury, who had before them the parents, their position in life, the occupation of the father, and the age and sex of the child, to form an estimate of the damages with reference to the pecuniary injury, present or prospective, resulting to the next of kin. Except in very rare instances, it would be impracticable to furnish direct evidence…
2Cases cited4 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Drew v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1862
3Cited by95 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Parilis v. FeinsteinNew York Court of Appeals · 1980
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
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