Legal Opinion
Campbell v. Pullman Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1918PublishedCited by 8 opinions
Judgment reversed and new trial granted, costs to abide the event, on the ground that the discomfort and inconvenience to which plaintiff "was put by the breach of defendant’s contract was within the contemplation of the parties and a proper element of damage, and that it was error both to exclude evidence on this point and to limit the recovery to the amount which plaintiff paid for the substitute ticket.
1Opinion of the Court
Although it seems to us that the amount of the discomfort and inconvenience was small, we cannot say that nominal damages would be compensation therefor. Jenks, P. J., Thomas, Putnam, Blaekmar and Kelly, JJ., concurred.
2Cited by8 opinions
- Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio GrandenseCivil Court of the City of New York · 1975
- Owens v. Italia Societa Per Azione Navigazione-GenovaCivil Court of the City of New York · 1972
- Odysseys Unlimited, Inc. v. Astral Travel ServiceNew York Supreme Court · 1974
- Brown v. Fifth Avenue Coach Lines, Inc.City of New York Municipal Court · 1959
- Davis v. New York Central RailroadAppellate Terms of the Supreme Court of New York · 1937
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