W.T. Filer v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The action is brought for damages to plaintiff in consequence of injuries sustained by his wife, Mrs. Helen M. Filer, while a passenger of defendant, at Fort Plain, on the night of the 4th of November, 1864. Mrs. Filer left Rochester for Fort Plain on the evening of the 4th of November, on a train which was to arrive at Fort Plain between three and four o’clock the following morning. As the cars approached the station, they moved…
1Opinion of the CourtAllen, J.
Successive actions cannot be brought by the plaintiff for the recovery of damages, as they may accrue from time to time, resulting from the injury complained of, as would be the case for a continuous wrong or a continued trespass. The action is for a single wrong, the injury resulting from a single act, and the plaintiff was entitled to recover not only the damages which had been actually sustained up to the time of the trial, but also compensation for future damages ; that is, compensation for all the damages resulting from the injury, whether present or prospective. The limit in respect to…
2Cases cited2 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Drew v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1862
3Cited by54 opinions
- People v. DurrantCalifornia Supreme Court · 1897
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
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