Drinkwater v. . Dinsmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been occasioned by an obstruction placed in a highway by defendant’s servants. The facts appear sufficiently in the opinion. Plaintiff could only recover actual damages. (Hamilton v. Third Ave. Ry.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been occasioned by an obstruction placed in a highway by defendant’s servants. The facts appear sufficiently in the opinion. Plaintiff could only recover actual damages. (Hamilton v. Third Ave. Ry. Co., 53 N. Y.. 25; Baker v. Drake, id., 211; Ransom v. N. Y. and Erie Ry. Co., 15 id., 413.) He could not recover for medical services or attendance, unless he…
1Opinion of the CourtEarl, J.
The plaintiff was injured by being thrown from his wagon, in consequence of an obstruction placed in the highway by the servants of the defendant. His recovery at the Circuit was affirmed at the General Term, and the defendant has appealed to this court.
There is but one exception which requires any attention here. The plaintiff was an engineer in the employment of the Knickerbocker Ice Company. He was injured on the first day of April, and he testified that he was unable, in consequence thereof, to return to the boat upon which he was employed until the fifteenth day of June, and to attend to…
2Cases cited3 opinions
- Harding v. Town of TownsendSupreme Court of Vermont · 1871
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Moody v. OsgoodNew York Supreme Court · 1868
3Cited by62 opinions
- Pryor v. WebberOhio Supreme Court · 1970
- Donald Feeley v. United StatesCourt of Appeals for the Third Circuit · 1964
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Tyminski v. United StatesCourt of Appeals for the Third Circuit · 1973
- Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
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