Cox v. New York Central & Hudson River Railroad
New York Supreme Court
APPEAL by defendant from a judgment, in favo! of plaintiff, for $4,000 damages, besides costs, entered upon the verdict of a jury, and from an order denying a motion for a new trial upon the minutes. The action was brought by Henry Peck against the defendant to recover damages for the wrongful ejection of plaintiff from defendant’s cars. Pending such-action said Peck died, and Norman Cox, the executor under his last will, was substituted as plaintiff.
Read the full summary
APPEAL by defendant from a judgment, in favo! of plaintiff, for $4,000 damages, besides costs, entered upon the verdict of a jury, and from an order denying a motion for a new trial upon the minutes. The action was brought by Henry Peck against the defendant to recover damages for the wrongful ejection of plaintiff from defendant’s cars. Pending such-action said Peck died, and Norman Cox, the executor under his last will, was substituted as plaintiff. The facts were these: Said Peck, having purchased tickets upon the defendant’s road, entered a drawing-room car and took a seat there; upon…
1Opinion of the CourtBoardman, J.
Three reasons are urged why this judgment should be reversed and a new trial granted, or judgment ordered for the defendant. ' First. That the action abated by the death of the testator, Henry Peck, and the cause of the action does not survive. Second. That there is no evidence of malice, as was adjudged upon the former appeal in this court, or other misconduct on the part of the conductor which can justify the charge of the court allowing exemplary damages, and that the charge, in that respect, was erroneous. Third. That the damages are excessive in any point of view, and vastly exceed the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Brown v. ChadseyNew York Supreme Court · 1863
- Lyon v. HoffmanNew York Supreme Court · 1833
- Edwards v. BeebeNew York Supreme Court · 1865