Legal Opinion

Kelly v. Manhattan & Queens Traction Corp.

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1938Published

1Opinion of the Court

In an action by the plaintiff wife, an incompetent, to recover damages for personal injuries alleged to have been sustained as a result of defendant’s negligence, and by the husband for medical expenses and loss of services, the jury found a verdict for defendant. Judgment affirmed, with costs. No opinion. Hagarty, Carswell, Davis and Johnston, JJ., concur; Taylor, J., dissents and votes for reversal and a new •tajal, with the following memorandum: Defend*837ant rested upon plaintiffs’ proofs. These support the finding, implicit in the verdict, that the insanity of plaintiff Jennie Kelly did not…

2Cases cited3 opinions

  1. Van Ingen v. Jewish HospitalAppellate Division of the Supreme Court of the State of New York · 1918
  2. Van Ingen v. . the Jewish Hospital of BrooklynNew York Court of Appeals · 1920
  3. Faichney v. KetelsenAppellate Division of the Supreme Court of the State of New York · 1937

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