Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. (Deported below, 28 Hun, 407.) This action was brought to recover damages for alleged negligence in causing the death of Eliza Houghkirk, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. (Deported below, 28 Hun, 407.) This action was brought to recover damages for alleged negligence in causing the death of Eliza Houghkirk, plaintiff’s intestate. The deceased, at the time of the accident, was riding in a wagon with the plaintiff, her father, who lived on "Van Bensselaer island in the Hudson river, which was…
1Opinion of the CourtFinch, J.
The jury in this case rendered a verdict of $5,000 as their estimate of damages resulting to the next of kin from the death of a little girl killed by a switch engine of the defendant. The evidence showed that she was about six years old; an only child; bright, intelligent, and healthy; and the daughter of a market gardener. This, and the circumstances of her death, constituted the only proof bearing on the question of damages, and which served as a basis for the judgment of the jury in estimating the pecuniary loss suffered by the next of kin. The General Term declined to set aside the…
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