Legal Opinion

Gorman v. New York, Chicago & St. Louis Railroad

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

Decided November 11, 1908PublishedCited by 5 opinions

Appeal by the defendant, The New York, Chicago and St. Louis Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the- office of the clerk of the county of Erie on the 3d' day of February, 1908, upon the verdict of a jury for $4,418, and also from an order entered in said clerk’s office on. a the 3d day of .February, 1908, denying the said defendant’s' motion for a new trial made upon the minutes.

1Opinion of the Court

Robson, J.:

Plaintiff’s damages were fixed by the verdict of "the jury at the sum of $4,418. This sum. was awarded as compensation- for the pecuniary injuries suffered by plaintiff by reason of an injury' to plaintiff’s son, a minor, occasioned by defendant’s negligence: In arriving at the amount of their verdict, the jury included' therein, as appears by their special verdict rendered as directed by the trial court, the sum of $500, fixed by them as the valué of the services of plaintiff’s wife-for nursing the injured son. If plaintiff is entitled to recover anything for the services of his…

2Cases cited2 opinions

  1. Birkbeck v. . AckroydNew York Court of Appeals · 1878
  2. Barnes v. . KeeneNew York Court of Appeals · 1892

3Cited by5 opinions

  1. Johnson v. RhudaSupreme Judicial Court of Maine · 1960
  2. Auer v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  3. Syczyk v. SzczerbaniewiczAppellate Division of the Supreme Court of the State of New York · 1931
  4. Smith v. BurhyteAppellate Division of the Supreme Court of the State of New York · 1921
  5. Zavaglia v. Sarah Neuman Center for Healthcare & RehabilitationNew York Supreme Court · 2009

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