Radley v. . Leray Paper Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 17, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 17, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The theory of law under which the trial court submitted to the jury the question of damages was an erroneous one, in that it laid down an incorrect rule for the measurement of such damages which was highly prejudicial to the defendant, appellant. (Code Civ. Pro. § 1904; 4 Sutherland on Damages [3d ed.], § 1264;…
1Opinion of the CourtHogan, J.
This action was brought by the widow of one Earl Radley, in the capacity of executrix, to recover damages for the death of Mr. Radley, concededly caused by the wrongful act of the defendant.
Earl Radley, at the time he sustained the injuries which resulted in his death, was twenty-seven years of age, temperate, industrious, in fairly good health, and was earning $1.75 per day. The accident occurred about half past seven in the morning of September 8th, 1911, at the paper mill of the defendant in the village of Carthage, Jefferson county, and soon thereafter Mr. Radley was removed to a hospital…
2Cases cited5 opinions
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
- Kelliher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
- Quinlen v. WelchNew York Supreme Court · 1893
3Cited by15 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Rademacher v. TorbensenAppellate Division of the Supreme Court of the State of New York · 1939
- Toledo v. IGLESIA NI CHRISTONew York Court of Appeals · 2012
- Claim of Crockett v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Orga Et Vir v. Pittsburgh Rys. Co.Superior Court of Pennsylvania · 1944
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