Scott v. Banks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Banks, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of February^ 1899, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 21st day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
This action was to recover damages for an injury which the plaintiff sustained by falling into a coal hole in front of the defendant’s premises. The plaintiff had a verdict which could probably be sustained but for a ruling upon the subject of damages. This ruling was unfortunately vital. It went to the quantum of damages and if erroneous was essentially harmful.
The plaintiff was attended by two physicians, whose services cov-' ered a considerable period of time. No evidence was given, however, of the value of these services. The defendant’s counsel requested the learned trial…
2Cases cited3 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Page v. President, Managers & Co.Appellate Division of the Supreme Court of the State of New York · 1898
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- Anderson v. Hurley-Mason Co.Washington Supreme Court · 1912
- Kies v. Binghamton Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Carter v. Village of NundaAppellate Division of the Supreme Court of the State of New York · 1900
- Brown v. BabcockAppellate Division of the Supreme Court of the State of New York · 1943