O'Rourke v. Cunard Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Nassau county on March 20, 1914; and also from an order entered in said office on the same day denying its motion for a new trial.
1Opinion of the Court
Jenks, P. J.:
I vote to reverse. I adopt as an expression of my reasons the following opinion that was prepared by the late Mr. Justice Burr, who originally sat in the case. This opinion received my concurrence during his lifetime. Moreover, I think that the judgment should be reversed for excessive damages.
‘1 Plaintiff recovered a verdict of $35,000 damages for breach of a contract of carriage with defendant. From the judgment entered on this verdict and from an order denying a motion for a new trial this appeal comes. Plaintiff’s narrative of the events upon which she bases her claim may be…
2Cases cited13 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- O'Brien v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fitzpatrick v. International Railway Co.New York Court of Appeals · 1929
- Masocco v. SchaafAppellate Division of the Supreme Court of the State of New York · 1931
- Amsterdam v. Compania Naviera "Estrella de Plata "Appellate Division of the Supreme Court of the State of New York · 1959