Horowitz v. Hamburg-American Packet Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the General Term of the City Court of Hew York, which affirmed a judgment for the plaintiff rendered at Trial Term upon a verdict in the plaintiff’s favor. Action to recover damages for personal injury sustained by the plaintiff, while a passenger upon one of the defendant’s steamships, from the careless piling of baggage, upon a part of the deck to which the passengers were allowed access, by the officers and crew.
1Concurrence
McAdam, J. (concurring).
But one action could be maintained by the plaintiff for her damages, and she was entitled to recover upon proper proofs for both past and future pain of body, as well as for past and present depreciation of health or-of any of her bodily powers. Curtiss v. R. R. Co., 20 Barb. 282, 292; Aaron v. R. R. Co., 2 Daly, 127; Kane v. R. R. Co., 132 N. Y. 160; Miller v. Fort Lee etc., Co., 73 Hun, 150; affirmed 140 N. Y. 598. The court below laid down this general rule in instructing the jury, and if the defendant by its exception to that portion of the charge relating to the…
2Cases cited7 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- The People v. . GonzalezNew York Court of Appeals · 1866
- Wise v. . GrantNew York Court of Appeals · 1894
- Curtiss v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1855
- Kane v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1892
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