Legal Opinion

Reynolds v. Huff

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

Decided January 15, 1928Published

1Opinion of the Court

Judgment reversed upon the law and the facts and a new trial granted, costs to appellants to abide the event, unless, within five days from the entry of the order herein, plaintiff stipulate to reduce the recovery of damages to the sum of $20,000; in which event the judgment, as so modified, is affirmed, without costs. The testimony admitted over objection and exception at folios 52 to 56 of the record violated the rule that to entitle a plaintiff to recover present damages for apprehended future consequences, there must be such a degree of probability of their occurring as amounts to a…

2Cases cited5 opinions

  1. Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
  2. Gregory v. New York, Lake Erie & Western Railway Co.New York Supreme Court · 1890
  3. Bellemare v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  4. Streng v. Frank Ibert Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Savage v. Third Avenue RailroadCity of New York Municipal Court · 1898

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