De Luna v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal hy the defendant, .the Union Railway Company of Hew York City, from an order of the Supreme Court, made at the Hew York Trial Term and entered in the office of the clerk of the county of Hew York on the 8th day of June, 1908, setting aside as inadequate a verdict of the jury in favor of the plaintiff and granting a hew trial.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the damages caused by the death of the pl'aintiffis intestate. At the opening of the trial the defendant, through its counsel, admitted that the "death -of the intestate was caused by the defendant’s negligence, so that the only question litigated was the pecuniary loss sustained by the next of kin. Upon this issue there was bnt little evidence. It consisted solely of the testimony of the plaintiff and her husband, from Which it appeared that the intestate, at the time of her injury, was thirty-two years of age and unmarried ; that her next of…
2Cases cited2 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Terhune v. Joseph W. Cody Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- In re the Estate of PridellNew York Surrogate's Court · 1954
- Wilkinson v. BoehmAppellate Division of the Supreme Court of the State of New York · 1931
- Osterholm v. Butte Electric Ry. Co.Montana Supreme Court · 1921
- Hoffman v. New York Railways Co.City of New York Municipal Court · 1914
- In re the Accounting of PayneAppellate Division of the Supreme Court of the State of New York · 1961