Pickett v. Town of West Monroe
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Garrett Pickett against the town of West Monroe. Judgment for plaintiff, and defendant appeals.
1Per curiam
Judgment and order appealed from reversed, and new trial ordered, with costs to the appellant to abide the event. Held, that the damages were excessive; that plaintiff was not entitled to recover anything beyond nominal damages for loss of earning capacity, and yet it may well be that the jury, under the charge, understood that they might go beyond nominal, and award substantial, damages for loss of past and future earning capacity. All concurred, except McLENNAN, J., who concurred in the result only, in an opinion.
McLENNAN, J.
I cannot concur in the conclusion reached by a majority of the…
2Cases cited12 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Staal v. . Grand Street and Newtown Railroad CompanyNew York Court of Appeals · 1887
- Munk v. City of WatertownNew York Supreme Court · 1893
- Page v. President, Managers & Co.Appellate Division of the Supreme Court of the State of New York · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Gen. Motors LLCDistrict Court, S.D. Illinois · 2018
- Murphy v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1901
- Carter v. Village of NundaAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1900