Caldwell v. Murphy
The Superior Court of New York City
Appeal from a judgment upon a verdict for the,plaintiff, and from an order at special term denying a new trial. The action was for an injury to the person of the plaintiff, occasioned by the overturning of a stage belonging to the defendants, and was tried before Mr. Justice Duer and a jury, on the 5th, 6th, Ith, and 8th days of February, 1851. The facts on which the claim for damages was founded are set forth in the complaint as follows: The complaint of William Caldwell,…
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Appeal from a judgment upon a verdict for the,plaintiff, and from an order at special term denying a new trial. The action was for an injury to the person of the plaintiff, occasioned by the overturning of a stage belonging to the defendants, and was tried before Mr. Justice Duer and a jury, on the 5th, 6th, Ith, and 8th days of February, 1851. The facts on which the claim for damages was founded are set forth in the complaint as follows: The complaint of William Caldwell, of the city of Hew York, shows that the defendants Thomas Murphy and James Kavanagh were, on or about the fourth day of…
1Opinion of the CourtBy the Court. Campbell, J.
It was said in Myers v. Malcocol/m, which was an action to recover damages for injury to the person, that evidence of the wealth of the defendant was inadmissible, because the plaintiff was entitled in that case to recover the actual damages he had sustained without regard to the ability of the defendant to pay them, and such is the general rule in cases free from malice or wilful negligence. But, in relation to the plaintiff, the case is widely different. As to him, it is often necessary to inquire into his condition in life, his habits, pursuits, and necessities, in order that the jury may…
2Cases cited1 opinion
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
3Cited by26 opinions
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Tefft v. WilcoxSupreme Court of Kansas · 1870
- Sherlock v. AllingIndiana Supreme Court · 1873
- Matteson v. . New York Central RailroadNew York Court of Appeals · 1866
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