Curtin v. Western Union Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Western Union Telegraph Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 25th day of March, 1896, reversing an order of the General Term of the City Court of the city of New York, which reversed a judgment of the Trial Term of that court in favor of the plaintiff and directed a new trial, and affirming a judgment of said Trial Term.
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Appeal by the defendant, The Western Union Telegraph Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 25th day of March, 1896, reversing an order of the General Term of the City Court of the city of New York, which reversed a judgment of the Trial Term of that court in favor of the plaintiff and directed a new trial, and affirming a judgment of said Trial Term. This appeal was taken pursuant to an order of the Appellate Term, bearing date the 25th day of May, 1896, granting leave to the defendant to appeal…
1Opinion of the Court
Barrett, J.:
Several important questions are presented upon this appeal. We need, however, consider but one of them, namely, whether the plaintiff can recover damages for mental distress, causing, as she claims, physical suffering. This question is a crucial one, for if disposed of •adversely to the plaintiff’s contention, her action wholly fails. We think it must be thus disposed of, both upon principle and author "ity. A late -case in our Court of Appeals (Mitchell v. Rochester Railway Co., 151 N. Y. 107) settles the- rule in this State, as ¡applicable to actions for personal injuries…
2Cases cited8 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- So Relle v. W. U. Telegraph Co.Texas Supreme Court · 1881
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Stahl v. William Necker, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
- Peay v. Western Union Telegraph Co.Supreme Court of Arkansas · 1898
- Western Union Telegraph Co. v. ChouteauSupreme Court of Oklahoma · 1911
11 more not listed; retrieve them via the Exa API.