Powers v. Montgomery Ward & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCunningham, J.
Plaintiff’s intestate was shopping in defendant’s store late in the afternoon of the day before Christmas. While in the basement of the store she fell and received injuries which the jury has found aggravated a dormant cancerous condition and caused her death. The deceased lived for some months after the accident and plaintiff has been awarded damages for conscious pain and suffering of the deceased from the time of the accident to the time of her death, as well as the amount of pecuniary loss sustained by the beneficiaries of her estate for whose benefit this action is brought.
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2Cases cited4 opinions
- Garthe v. RuppertNew York Court of Appeals · 1934
- Hart v. . GrennellNew York Court of Appeals · 1890
- Lindsley v. SternAppellate Division of the Supreme Court of the State of New York · 1922
- Losie v. FriskAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by15 opinions
- Thornhill v. Toys "R" Us NYTEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Farley v. Portland Gas & Coke Co.Oregon Supreme Court · 1955
- O'Neill v. United StatesDistrict Court, E.D. New York · 1996
- Oldfield v. Neisner Bros.Appellate Division of the Supreme Court of the State of New York · 1955
- Baskin v. Montgomery Ward & Co.Court of Appeals for the Fourth Circuit · 1939
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