Barnes v. . Keene
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 27, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover the expenses incurred in nursing and treating plaintiff’s infant daughter, who had been injured by the negligence of the defendant, and also to recover damages for the loss of her services.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 27, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover the expenses incurred in nursing and treating plaintiff’s infant daughter, who had been injured by the negligence of the defendant, and also to recover damages for the loss of her services. November 30, 1882, the plaintiff’s daughter, Mary, then aged eight years, was seriously injured by the negligence and…
1Opinion of the CourtVann, J.
Upon the trial of this action the plaintiff read in evidence a stipulation of the attorneys for the defendant, admitting “ that through the negligence and carelessness of the person operating the defendant’s elevator, the plaintiff’s child, Mary T. Barnes, was injured, and that the defendant is in law liable for such negligence of the operator.” The only issue left undisposed of by this stipulation related to the amount -of damages that the plaintiff was entitled to recover. Those damages were in the nature of compensation for pecuniary loss and included the value of his daughter’s services,…
2Cases cited3 opinions
- Cuming v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
- Whitney v. HitchcockNew York Supreme Court · 1847
- Worrall v. . ParmeleeNew York Court of Appeals · 1848
3Cited by15 opinions
- Clarke v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1924
- Tidd v. . SkinnerNew York Court of Appeals · 1919
- Gilbert v. Stanton Brewery, Inc.New York Court of Appeals · 1946
- Woodward Iron Co. v. CurlSupreme Court of Alabama · 1907
- Auer v. StateAppellate Division of the Supreme Court of the State of New York · 2001
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