Legal Opinion

Sealey v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1903PublishedCited by 3 opinions

Appeal from trial term, Kings county. Action by Lydia A. Sealey against the Metropolitan Street Railway Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.

1Opinion of the CourtHirschberg, J.

The question which has been chiefly argued upon this appeal relates to the damages which are recoverable under the allegations of the complaint. The plaintiff sues to recover damages for personal injuries, alleged to have been received in consequence of the defendant’s negligence, and resulting from being struck and knocked down by one of its cars. She was permitted to prove, under objection, that she was suffering from the form of insanity known as dementia, and the jury was instructed that she was entitled to be compensated for her demented condition or loss of mind, provided it resulted…

2Cases cited13 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
  3. Quirk v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. Geoghegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  5. Uransky v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1890

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3Cited by3 opinions

  1. Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
  2. Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1903
  3. Hynds v. Brooklyn Heights R.Appellate Division of the Supreme Court of the State of New York · 1908

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