Devine v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the comity of Kings on the 8th day of March, 1906, upon the verdict; of a jury for $2,000, and also from an order entered in said clerk’s office on the 29th day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
(xaynor, J.:
The evidence, regardless of the question by which it came in, or of whether it cropped out, was competent on the question of damages, viz., that the plaintiff’s. capacity to conceive would continue, but she would continually suffer the discomfort and pain of miscarriages. A motion to strike it out would have been properly denied. To say, therefore, that “ The allowance of the question was error ” is only to deal with a technicality for its own sake. It is true that the evidence could not be used as a basis for damages for pecuniary *143loss resulting from deprivation of future…
2Cases cited1 opinion
- Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
3Cited by5 opinions
- In Re the Estate of LoganNew York Surrogate's Court · 1956
- Ephrem v. PhillipsDistrict Court of Appeal of Florida · 1957
- Hack v. DadyAppellate Division of the Supreme Court of the State of New York · 1911
- Shepheard v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Shepheard v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1910