Hamilton v. . Third Avenue Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for an alleged unlawful ejection of plaintiff from one of defendant’s cars. The facts are sufficiently stated in the opinion. The court erred in charging, that plaintiff could recover exemplary damages for his “ pain and anguish of body and mind.”
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for an alleged unlawful ejection of plaintiff from one of defendant’s cars. The facts are sufficiently stated in the opinion. The court erred in charging, that plaintiff could recover exemplary damages for his “ pain and anguish of body and mind.” (Curtis v. Roch., etc., R. R. Co., 18 N. Y., 542.) Plaintiff was not entitled to recover exemplary damages for the act of defendant’s servant. (The…
1Opinion of the CourtGrover, J.
Questions of law only can be reviewed by this court in the present case. Other questions are not reviewable hdre upon the appeal from the order denying a new trial. The Special Term upon the motion, and the General Term upon the appeal from its order, had the power, and it was the duty of each to examine and determine whether the verdict was against the weight of evidence and the justice of the case, and if of opinion that it was to set it aside and order a new trial. The further duty was incumbent upon them to examine whether upon the trial the defendant sustained any injury from the jury…
2Cases cited1 opinion
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
3Cited by102 opinions
- Walker v. SheldonNew York Court of Appeals · 1961
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- Aaron v. . WardNew York Court of Appeals · 1911
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