Cuming v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made March 31, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries to plaintiff’s infant daughter, alleged to have been caused by defendant’s negligence. The facts pertinent to the questions discussed are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made March 31, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries to plaintiff’s infant daughter, alleged to have been caused by defendant’s negligence. The facts pertinent to the questions discussed are stated in the opinion. The medical testimony was speculative and should have been excluded. (Strohm v. N. Y., L. E. & W. R. R. Co., 96 N. Y. 305.) The limit in respect to future damages is,…
1Opinion of the CourtAndrews, J.
It seems to be the doctrine of the law of ■ England, that the right of a parent to maintain an action for an injury to his minor child from the tortidus act of a third person is founded exclusively upon the loss of service, and that the parent has no remedy even for expenses incurred unless the child is old enough to be capable of rendering some act of service and the relation of master and servant express or implied exists between them. (Grinnell v. Wells, 7 Man. & Gran. 1041; Addison on Torts, 902.) But when the action is maintainable on the ground of loss of service, then both by the law…
2Cases cited2 opinions
- Drew v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1862
- Furman v. . Van SiseNew York Court of Appeals · 1874
3Cited by36 opinions
- In re Roe v. DoeNew York Court of Appeals · 1971
- Clarke v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1924
- Tidd v. . SkinnerNew York Court of Appeals · 1919
- Gilbert v. Stanton Brewery, Inc.New York Court of Appeals · 1946
- McArdle v. 123 Jackpot, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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