From Casetext: Smarter Legal Research

DE YAULUS v. NEW YORK CITY RAILWAY CO

Supreme Court, Appellate Term
Feb 1, 1906
49 Misc. 648 (N.Y. App. Term 1906)

Opinion

February, 1906.

Charles S. Rosenthal, for appellant.

William E. Weaver, for respondent.


The plaintiff certainly showed a disposition, both in his complaint and in his testimony, to overstate his injuries and his damages. Notwithstanding this, he undoubtedly suffered some pain and some interruption of his capacity to work. To give him only the amount of his doctor's bill was to allow nothing for the elements of damage referred to and was inadequate. If he was entitled to anything, and the defendant concedes liability for the results of the accident, he was entitled to something more than was awarded him.

GIEGERICH and GREENBAUM, JJ., concur.

Judgment reversed and new trial granted, with costs to appellant to abide event.


Summaries of

DE YAULUS v. NEW YORK CITY RAILWAY CO

Supreme Court, Appellate Term
Feb 1, 1906
49 Misc. 648 (N.Y. App. Term 1906)
Case details for

DE YAULUS v. NEW YORK CITY RAILWAY CO

Case Details

Full title:ALFRED N. DE YAULUS, Appellant, v . THE NEW YORK CITY RAILWAY COMPANY…

Court:Supreme Court, Appellate Term

Date published: Feb 1, 1906

Citations

49 Misc. 648 (N.Y. App. Term 1906)
97 N.Y.S. 995

Citing Cases

Wachs v. New York Railways Co.

Gillespie v. Brooklyn Heights R.R. Co., 178 N.Y. 347; Hamilton v. Third Avenue R.R. Co., 53 id. 25. Six cents…

Meditz v. Liggett Myers Tobacco Co.

Certainly, a cigarette containing an explosive substance may be considered a "thing of danger." As to the…