Wilkinson v. Boehm
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The jury has found that the defendants are liable for the injuries which resulted in the death of the deceased. We do not feel justified in interfering with this finding.
In the interests of justice, however, we feel that a new trial should be granted because the amount of damages awarded is not justified by the evidence. The damages are to be “afair and just compensation for the pecuniary injuries, resulting from the decedent’s death, to the person or persons, for whose benefit the action is brought.” (Dec. Est. Law, § 132, as added by Laws of 1920, chap. 919.) In this case it appears that…
2Cases cited6 opinions
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Sider v. . General Electric Co.New York Court of Appeals · 1924
- Spreen v. . Erie R.R. Co.New York Court of Appeals · 1916
- Hinsdale v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- De Luna v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Briscoe v. United StatesCourt of Appeals for the Second Circuit · 1933
- Cunningham v. Rederiet Vindeggen A/SCourt of Appeals for the Second Circuit · 1964
- Freeman v. Corbin Avenue Bus Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Janecka v. CaseyAppellate Division of the Supreme Court of the State of New York · 1986
- Liddie v. StateNew York Court of Claims · 1947
6 more not listed; retrieve them via the Exa API.