Peters v. Streep
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Queens, Third District. Action by Harry W. Peters against J. Newton Streep. From a judgment for plaintiff, defendant appeals. Affirmed on condition that plaintiff enter remittitur; otherwise, reversed.
1Per curiam
The judgment appealed from erroneously includes an award of $150 for the loss of the use of the automobile during the period of 15 days that it was claimed the machine was undergoing repair. No proof was offered that it necessarily took 15 days, or any particular length of time, to repair the machine; nor was there any evidence whatever as to the reasonable value of the use of such a car, unless the testimony of a witness that it was worth $20 a day to hire such a car be regarded as evidence of such usable value.
Conceding that the plaintiff, if deprived of the usable value of his automobile…
2Cases cited3 opinions
- Wellman v. MinerAppellate Terms of the Supreme Court of New York · 1897
- Bondy v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907
- Murphy v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1908
3Cited by1 opinion
- Vetter v. BrowneMissouri Court of Appeals · 1935