Strohm v. . the N.Y., L.E. W.R.R. Co.
New York Court of Appeals
1Opinion of the Court
We feel constrained to order a new trial in this case on account of the admission of the evidence of Dr. Spitzka as to the disorders into which the symptoms the plaintiff was said to have exhibited, might develop. Future consequences, which are reasonably to be expected to follow an injury, may be given in evidence for the purpose of enhancing the damages to be awarded. But to entitle such apprehended consequences to be considered by the jury, they must be such as in the ordinary course of nature are reasonably certain to ensue. Consequences which are contingent, speculative, or merely…
2Cases cited1 opinion
- Waring v. MasonNew York Supreme Court · 1837
3Cited by65 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Fisher v. Coastal Transport Co.Texas Supreme Court · 1950
- Howley v. KantorSupreme Court of Vermont · 1933
- Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
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