Medinger v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the City Court of Brooklyn, in favor of the plaintiff, entered in the office of the clerk of said court on the 6th day of December, 1895, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 19th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The verdict of the jury settled the question of the right of plaintiff to recover, and we find no error in the record in this respect which calls- for our interference. The amount of the verdict presents the only question upon which we have any difference of opinion. The injury which furnishes the basis of the action produced the death of plaintiff’s intestate. Prior to the adoption of the Constitution of 1894, the recovery in this action would have been limited in amount to the sum of $5,000, as that was the limitation of recovery in this class of actions then prescribed by law.…
2Cases cited7 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Miller v. MillerNew York Court of Appeals · 1968
- Marilyn W. Pearson, as Administratrix of the Goods, Chattels and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc.Court of Appeals for the Second Circuit · 1962
- Elaine Rosenthal, as of the Estate of Martin C. Rosenthal, Deceased v. Kenneth W. Warren, and New England Baptist HospitalCourt of Appeals for the Second Circuit · 1973
- Pearson v. Northeast Airlines, Inc.District Court, S.D. New York · 1961
12 more not listed; retrieve them via the Exa API.