Cunningham v. State

Appellate Division of the Supreme Court of New York

Cunningham v. State

264 A.D. 811, 34 N.Y.S.2d 903, 1942 N.Y. App. Div. LEXIS 4818

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

DecidedMay 13, 1942

DocketClaim No. 25677; Claim No. 25678

StatusPublished

Cited by1 cases

This text of 264 A.D. 811 (Cunningham v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cunningham v. State, 264 A.D. 811, 34 N.Y.S.2d 903, 1942 N.Y. App. Div. LEXIS 4818 (N.Y. Ct. App. 1942).

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Opinion

Appeal by the State from a judgment of the Court of Claims for $25,000 to the infant claimant for damages suffered when a bob sled tipped over and threw her upon the frozen surface of the sled run, and $5,000 to the father for care and medical attention. The infant claimant also appeals from the judgment on the ground of inadequacy. The finding of negligence and lack of contributory negligence is sustained, and there is no arguable controversy on those issues. The extent of the injuries suffered by the infant are such that we believe the judgment was inadequate and that it should be increased to the sum of $40,000. Judgment of Lewis L. Cunningham against the State of New York, affirmed. Judgment of Thelma Cunningham, an infant, by H. Maud Cunningham, her guardian ad litem, against the State of New York modified by increasing the judgment for $25,000 to $40,000 damages and, as so modified, affirmed. Claimant’s attorneys are allowed one bill of costs. The court reverses the finding of fact contained in the portion of the decision captioned Conclusions of Law whereby the damages of the infant are found to be $25,000. The court makes the finding that the infant claimant suffered damages to the extent of $40,000 and that she is entitled to a judgment against the State of New York for the sum of $40,000. Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ., concur.

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Appeal by the State from a judgment of the Court of Claims for $25,000 to the infant claimant for damages suffered when a bob sled tipped over and threw her upon the frozen surface of the sled run, and $5,000 to the father for care and medical attention. The infant claimant also appeals from the judgment on the ground of inadequacy. The finding of negligence and lack of contributory negligence is sustained, and there is no arguable controversy on those issues. The extent of the injuries suffered by the infant are such that we believe the judgment was inadequate and that it should be increased to the sum of $40,000. Judgment of Lewis L. Cunningham against the State of New York, affirmed. Judgment of Thelma Cunningham, an infant, by H. Maud Cunningham, her guardian ad litem, against the State of New York modified by increasing the judgment for $25,000 to $40,000 damages and, as so modified, affirmed. Claimant’s attorneys are allowed one bill of costs. The court reverses the finding of fact contained in the portion of the decision captioned Conclusions of Law whereby the damages of the infant are found to be $25,000. The court makes the finding that the infant claimant suffered damages to the extent of $40,000 and that she is entitled to a judgment against the State of New York for the sum of $40,000. Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ., concur.

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Bluebook (online)

264 A.D. 811, 34 N.Y.S.2d 903, 1942 N.Y. App. Div. LEXIS 4818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-state-nyappdiv-1942.

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