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Rounds v. Sullivan

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1954
283 App. Div. 761 (N.Y. App. Div. 1954)

Opinion

February 26, 1954.

Appeal from Supreme Court, Warren County.


The action was brought by the plaintiff, to recover for loss of services and for medical expenses, growing out of an injury to his wife which was alleged to have been caused by the defendant's negligence. In a prior action brought by the wife, she had recovered the sum of $750. The court ruled that the prior judgment was res judicata as to the negligence of the defendant and the freedom from contributory negligence of the plaintiff's wife. The only issue submitted to the jury was the question of whether the plaintiff had suffered any damage as a result of the injury to his wife. Upon the evidence, the jury was justified in finding that the medical bills had been incurred by the wife on her personal responsibility and that the plaintiff had not suffered any loss on account of his wife's injury. Judgment affirmed, with costs. Foster, P.J., Bergan, Coon and Halpern, JJ., concur; Imrie, J., taking no part.


Summaries of

Rounds v. Sullivan

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1954
283 App. Div. 761 (N.Y. App. Div. 1954)
Case details for

Rounds v. Sullivan

Case Details

Full title:FRED ROUNDS, Appellant, v. JOHN SULLIVAN, SR., Respondent

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

Date published: Feb 26, 1954

Citations

283 App. Div. 761 (N.Y. App. Div. 1954)