Urtz v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 13, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover the damages sustained by the plaintiff through the false representations made to her by the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 13, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover the damages sustained by the plaintiff through the false representations made to her by the defendant. April 9, 1906, the plaintiff’s husband and intestate was killed at a highway crossing of defendant’s railroad through a collision between an engine of the defendant and a wagon in which the intestate was riding. The team of the intestate was also killed and his wagon…
1Opinion of the CourtCollin, J.
In an action for the recovery of damages caused by the fraud of the defendant, the plaintiff must allege and prove that he has been injured by the fraud which he charges. The essential constituents of the action are firmly fixed and are tersely stated in Arthur v. Griswold (55 N. Y. 400), as, “representation, falsity, scienter, deception and injury.” Pecuniary loss to the deceived party is absolutely essential to the maintenance of the action. Fraud and deceit alone do not warrant the recovery of damages. Deceit and injury must concur. (Taylor v. Guest, 58 N. Y. 262; Ettinger v. Weil, 184 N.…
2Cases cited7 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Krumm v. . BeachNew York Court of Appeals · 1884
- Taylor v. . GuestNew York Court of Appeals · 1874
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