Gray v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 5, 1902, affirming a judgment in favor of plaintiff entered, upon a verdict and an order denying a motion for a new trial.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 5, 1902, affirming a judgment in favor of plaintiff entered, upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries sustained by the plaintiff, as she alleged, through the negligence of the defendant while she was a passenger upon one of its cars, which collided with another and thus caused whatever injury she sustained. The plaintiff’s action was tried at the same time as an action brought…
1Opinion of the CourtVann, J.
The practice of trying, with the consent of all concerned, the wife’s action for personal injuries caused by ' negligence and the husband’s action for loss of services owing to the same injury, at the same time and submitting them, to the same jury upon the same evidence, should not be discouraged, for it saves the time of the court and witnesses and reduces the expenses of the parties. When, however, the two actions are thus tried together and inconsistent verdicts are rendered, we incline to the view that sound practice requires both verdicts to be set aside at once, without attempting by…
2Cases cited1 opinion
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
3Cited by37 opinions
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- Berry v. FosterTennessee Supreme Court · 1955
- Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc.Supreme Court of Iowa · 1965
- Reilly v. Shapmar Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Senecal v. DrolletteNew York Court of Appeals · 1952
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