McFadden v. Thompson-Starrett Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, Thompson-Starrett Company, from a! judgment of the Supreme Court in favor of the plaintiff, entered' in the office of the clerk of the county of New York on the 15th day of March, 1906, upon the verdict of a jury, and also from ari order entered in said clerk’s office on the 23d day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
McLaughlin, J. (dissenting):
I dissent on the ground that the case was,tried under an erroneous theory and submitted to the jury under erroneous instructions as to ‘the measure of damage! Among tlw elements of damage sub*288mitted to the-jury to be considered by them was (4) The difference in plaintiff’s living expenses after lie was forced to .move out of the house until he and liis' family left the city (a period of sixty-three days), and (2) the loss of comfort suffered by plaintiff and his family in consequence of being compelled to move. In receiving evidence as to these two items and…
2Cases cited3 opinions
- Trull v. . GrangerNew York Court of Appeals · 1853
- Chatterton v. FoxThe Superior Court of New York City · 1855
- Eastman v. Mayor of New YorkNew York Court of Appeals · 1897