Curtiss v. Rochester & Syracuse Rail Road
New York Supreme Court
THIS was an action to recover damages for an injury received by the plaintiff while a passenger in the car of the defendants, in consequence of the defendants’ negligence. The complaint alleged that the defendants were common carriers, for hire and reward, of persons and their baggage, between Syracuse and Rochester.
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THIS was an action to recover damages for an injury received by the plaintiff while a passenger in the car of the defendants, in consequence of the defendants’ negligence. The complaint alleged that the defendants were common carriers, for hire and reward, of persons and their baggage, between Syracuse and Rochester. That on the 7th day of August, 1852, the plaintiff became a passenger in the defendants’ car at Geneva, to be carried safely to Auburn; and that while on the way the defendants so carelessly and negligently conducted themselves, their railroad, and the cars in which the plaintiff…
1Opinion of the Court
By the Court, T. R. Strong, J.
The fair construction of the whole charge in relation to bodily pain and suffering of the plaintiff, is, that in ascertaining the amount of her damages, it would be proper for the jury to consider the bodily pain and suffering which had occurred, or was likely to occur, in consequence of the injury, but that they could not act upon conjecture as to the prospective condition or situation of the plaintiff; they could only regard in respect to the future what the evidence rendered reasonably certain would necessarily and inevibly result from the original injury.…
2Cited by16 opinions
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- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- Holden v. Missouri RailroadMissouri Court of Appeals · 1904
- Taylor v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
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