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Levine v. Postal

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1942
264 App. Div. 901 (N.Y. App. Div. 1942)

Opinion

June 29, 1942.

Present — Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ.


This action arises from a collision between the automobile owned and operated by plaintiff-husband and in which plaintiff wife was a passenger, and the automobile of the defendants. The plaintiff-wife sued to recover damages for personal injuries and plaintiff-husband sued for loss of his wife's services and for damages to his automobile. Judgment for twenty-five dollars in favor of plaintiff-husband, and in favor of defendants against plaintiff-wife, entered upon a jury verdict, in so far as appealed from, and order denying plaintiffs' motion to set aside the verdict and for a new trial, unanimously affirmed, with costs. It appears that the court's charge to the jury was sufficiently broad to include the submission of the plaintiff-husband's cause of action for property damage. The verdict will not be set aside nor will the judgment be reversed to permit an award of nominal damages to plaintiff-wife. ( Throckmorton v. Evening Post Pub. Co., 35 App. Div. 396; Robison v. Lockridge, 230 id. 389.)


Summaries of

Levine v. Postal

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1942
264 App. Div. 901 (N.Y. App. Div. 1942)
Case details for

Levine v. Postal

Case Details

Full title:JOSEPH LEVINE, Individually and as Administrator, etc., of SONIA LEVINE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1942

Citations

264 App. Div. 901 (N.Y. App. Div. 1942)

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