Chadwick v. Woodward
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury rendered by direction of the court and an order denying a motion for a new trial. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
The only part of the answer that requires notice is the counter claim. That claims damages for a breach by the plaintiff (the landlord) of her covenant to repair. The damages alleged are that the defendant and his family were made ill by bad sewerage, and that the defendant suffered by loss of business, in expense and by ill health, to the amount of two thousand dollars.
’ Upon the trial the defendant offered to prove these damages, and also that he was obliged to leave the house and go into the country for the benefit of his health. The fact that he was obliged to leave the house and go to…
2Cases cited3 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Middlekauff v. SmithCourt of Appeals of Maryland · 1851
- Fort v. OrndoffTennessee Supreme Court · 1872
3Cited by3 opinions
- Sargent v. MasonSupreme Court of Minnesota · 1907
- Hays v. MoodyCity of New York Municipal Court · 1888
- O'Brien v. GreenbaumNew York Supreme Court · 1889