Powell v. Hudson Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hudson Valley Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Washington on the 6th day of March, 1903, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th day of February, 1903, denying the defendant’s motion for a .new trial made upon the minutes. . The defendant is a surface street railroad corporation…
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Appeal by the defendant, the Hudson Valley Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Washington on the 6th day of March, 1903, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th day of February, 1903, denying the defendant’s motion for a .new trial made upon the minutes. . The defendant is a surface street railroad corporation organized by the consolidation of other lines, of which the Greenwich and Schuylerville Electric Eailroad Company was one,…
1Opinion of the Court
Smith, J.:
That the plaintiff’s health has been seriously impaired is not questioned by the appellant upon the argument' of this appeal. No question is made that the damages are excessive except such as lies in the contention of the defendant that the plaintiff’s present condition was not caused by an agency for which the defendant is responsible. The cause of. the plaintiff’s nervous condition was examined with great care and exhaustiveness in the trial of the case.- A question of fact was clearly presented upon which the jury has determined that the injury received upon the car of the…
2Cases cited1 opinion
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
3Cited by3 opinions
- Battalla v. StateNew York Court of Appeals · 1961
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Williams v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904