Baldwin v. New York & Harlem Navigation Co.
New York Court of Common Pleas
Appeal "by defendants from a judgment of the general term of the Marine Court, affirming a judgment entered on the verdict of a jury. The action was to recover damages for the negligence of the defendants, whereby, as plaintiff was passing along the plank or platform extending from the pier to defendants’ boat, the plank was suddenly withdrawn, and plaintiff precipitated into the water.
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Appeal "by defendants from a judgment of the general term of the Marine Court, affirming a judgment entered on the verdict of a jury. The action was to recover damages for the negligence of the defendants, whereby, as plaintiff was passing along the plank or platform extending from the pier to defendants’ boat, the plank was suddenly withdrawn, and plaintiff precipitated into the water. On the trial, the plaintiff was allowed (against defendants’ objection) to amend his complaint by inserting an allegation that, in consequence of the occurrence, he “ was prevented and incapacitated from…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—Where the damages, though the natural consequences of the act complained of are not necessarily the result of it, they must be particularly specified in the complaint, that the defendant may not be taken by surprise. It is not traversable matter, but must be inserted in the complaint, that the defendant may be prepared with evidence to rebut the proof offered of such special damage or the amount or extent of it (Molony v. Dows, 15 How. Pr. 265 ; Squier v. Gould, 14 Wend. 159; Vanderslice v. Hewton, 4 N. Y. 130). The amendment allowed was an averment of this nature…
2Cases cited9 opinions
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Squier v. GouldNew York Supreme Court · 1835
- Vanderslice v. . NewtonNew York Court of Appeals · 1850
- Hazman v. . Hoboken Land and Imp'ment Co.New York Court of Appeals · 1872
- Vanderbilt v. . the Richmond Turnpike CompanyNew York Court of Appeals · 1849
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