Devine v. Postal

Appellate Division of the Supreme Court of New York

Devine v. Postal

264 A.D. 901, 35 N.Y.S.2d 855, 1942 N.Y. App. Div. LEXIS 5307

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

DecidedJune 29, 1942

StatusPublished

Cited by2 cases

This text of 264 A.D. 901 (Devine v. Postal) 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

Devine v. Postal, 264 A.D. 901, 35 N.Y.S.2d 855, 1942 N.Y. App. Div. LEXIS 5307 (N.Y. Ct. App. 1942).

Pincite

Opinion

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

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

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Bluebook (online)

264 A.D. 901, 35 N.Y.S.2d 855, 1942 N.Y. App. Div. LEXIS 5307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devine-v-postal-nyappdiv-1942.

Opinion

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