Kurak v. . Traiche
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 21, 1917, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries and for injury to property alleged to have been sustained by plaintiff through the negligence of the defendant. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCrane, J.
There is but one serious question in this case. The plaintiff provejl as part of his injury for which he sought damage a paralysis of the right side of his face. There was nothing said about it in the complaint. An exception having been taken to the admission of this testimony for this reason, we are presented again with the much discussed question of how fully a complaint should inform the defendant of the elements of damage. The cases which are numerous upon this point were fully reviewed and the principle clearly stated by Chase, J., in Keefe v. Lee (197 N. Y. 68, 70, 74). To the rule…
2Cases cited8 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Keefe v. . LeeNew York Court of Appeals · 1909
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Fulford v. LinchAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by5 opinions
- Walker v. BradtAppellate Division of the Supreme Court of the State of New York · 1929
- Longacre v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Newell, Admr. v. NewellIndiana Supreme Court · 1938
- Trapp v. . International Railway CompanyNew York Court of Appeals · 1919
- Tucci v. Interstate Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1927