Purcell v. Lauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frederick 0. Lauer, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the Utli day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of February, 1896, denying the defendants’ motion for a new trial made upon the, minutes.
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Appeal by the defendants, Frederick 0. Lauer, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the Utli day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of February, 1896, denying the defendants’ motion for a new trial made upon the, minutes. The action was brought to recover damages for the negligence of the-defendants in causing the death of Mary Gr. Wooster, deceased, a. resident of the city of Rochester, which occurred March 11,…
1Dissent
Green, J. (dissenting):
All damages must be the result of the injury complained of; and in the proof of damages both parties must tie confined to the principal transaction and to its attendant circumstances and natural results; for these alone- are put in issue. These results include all the damages to the plaintiff of which the injurious act of the defendant was the efficient cause, though, in point of time, such damages, did not occur until some time after the act done. (2 Greed, on Ev,. §§ 254-256.) In other language, the damages miist be the natural and reasonable result of the defendant’s…
2Cases cited17 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
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