Legal Opinion

Jonas v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided December 15, 1904PublishedCited by 1 opinion

Appeal by defendant from a judgment of the City Court of the city of New York, entered in favor of the plaintiff upon the verdict of a jury, and also from an order denying’ defendant’s motion for a new trial.

1Opinion of the CourtFreedman, P. J.

In an action to recover' damages for personal injuries to plaintiff, under the allegations of his complaint that he “ was and is still prevented from attending to his vocation and will for a long time be unable to attend to his vocation properly, as he is informed and verily believes, and was confined to his home for upwards of three weeks,” plaintiff was permitted to testify to loss of profits from .his business. This testimony was duly objected and excepted to. Evidence of this kind is admissible only where the earnings proceed entirely from the plaintiff’s labor. But in the present case it…

2Cases cited4 opinions

  1. Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
  2. Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  3. Johnson v. Manhattan Railway Co.New York Supreme Court · 1889
  4. Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Rosenthal v. HarkerUtah Supreme Court · 1920

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