Stevenson v. Second Ave. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Agnes E. Stevenson against the Second Avenue Railroad 'Company. From a judgment for .plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from trial term, New York county. Action by Agnes E. Stevenson against the Second Avenue Railroad 'Company. From a judgment for .plaintiff, and from an order denying a new trial, defendant appeals. This áction was brought to recover for the loss of services of the plaintiff’s son, George Stevenson, a boy of 14 years, resulting from injuries alleged to have been sustained by him through the negligence of the defendant while he was a passenger on one of the defendant’s horse cars. Accompanied by his married sister, Mrs. Jenkins, the boy boarded a Second avenue car going north at…
1Opinion of the CourtO’Brien, J.
The amount of damages awarded, when we take into consideration the boy’s age, his earning capacity, and the fact that he *817was not in rugged health, seems more than a fair compensation to the plaintiff for the loss of services of her son due to the injuries received by him while he was a passenger on the defendant’s car. Although we think the sum excessive, we might, by reducing the verdict to a proper amount, permit the judgment to stand, were it in all other respects right. We think, however, that the learned trial judge, in applying the rules of law to the facts, committed errors which are…
2Cases cited5 opinions
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Pollock v. Brooklyn & Cross-Town RailroadNew York Supreme Court · 1891
- Griffith v. Utica & Mohawk RailroadNew York Supreme Court · 1892
- Farrell v. Houston & West Street & Pavonia Ferry Railway Co.New York Supreme Court · 1889
3Cited by2 opinions
- Ramson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Adams v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903