Legal Opinion
Oddo v. Paterson Bridge Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1927PublishedCited by 5 opinions
1Opinion of the CourtKelly, P. J.
We appear to be committed to the doctrine that, in a death case, the amount of damages to be awarded for the pecuniary loss caused by the death is to be determined by the jury, not by the trial justice or the justices of the appellate courts. (Bold v. Cushing, 184 App. Div. 956; Cantone v. Hines, 196 id. 947; Lyons v. City of New York, Id. 949.)
In an “ action for causing death of decedent ” (Decedent Estate Law, art. 5, as added by Laws of 1920, chap. 919) it is provided: “ § 132. Amount of recovery. The damages awarded to the plaintiff may be such a sum as the jury upon a writ of inquiry, or…
2Cases cited6 opinions
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1904
- Morris v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Predmore v. Consumers' Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Bold v. CushingAppellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Briscoe v. United StatesCourt of Appeals for the Second Circuit · 1933
- Jones v. United StatesDistrict Court, S.D. New York · 1969
- Horton v. StateNew York Court of Claims · 1966
- Liddie v. StateNew York Court of Claims · 1947
- White v. LavalleAppellate Division of the Supreme Court of the State of New York · 1929