Strohm v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11,1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 32 Hun, 20.) This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The evidence, so far as material to the question discussed, is stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11,1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 32 Hun, 20.) This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The evidence, so far as material to the question discussed, is stated in the opinion. The limit in respect to future damages is that they must be such as it is reasonably certain will inevitably and necessarily result from the…
1Opinion of the CourtRapallo, J.
We feel constrained to order a new trial in this case on account of the admission of the evidence of Dr. Spitzka as to the disorders into which, the symptoms the *306plaintiff was said to have exhibited, might develop. Future consequences, which are reasonably to be expected to follow an injury, maybe given in evidence for the purpose of enhancing the damages to be awarded. But to entitle such apprehended consequences to be considered by the jury, they must be such as in the ordinary course of nature are reasonably certain to ensue. Consequences which are contingent, speculative, or merely…
2Cases cited1 opinion
- Waring v. MasonNew York Supreme Court · 1837
3Cited by49 opinions
- Matott v. WardNew York Court of Appeals · 1979
- Askey v. Occidental Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Galveston, Harrisburg & San Antonio Railway Co. v. PowersTexas Supreme Court · 1907
- Lauth v. Chicago Union Traction Co.Illinois Supreme Court · 1910
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