Lofink v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interborough Rapid Transit Company, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff, entered on the 8th day of July, 1904, upon the verdict of a jury for $500. ■
1Opinion of the Court
Jenks, J.:
The plaintiff recovered a verdict of $500 for personal injuries. To sustain it.I think that she is not bound to maintain the proposi*203tion (perhaps still debatable; see Pronk v. Brooklyn Heights R. R. Co., 68 App. Div. 390) that a passenger may recover damages for fright without proof of any immediate personal injury, for in this case the evidence justifies a finding that the plaintiff suffered immediate physical injury as the direct consequence of the collision.
The plaintiff testified that she fell forward, and that her “ back was struck by the seat,” though she did not strike her…
2Cases cited2 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Pronk v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902