Gunn v. Robinson

Appellate Division of the Supreme Court of New York

Gunn v. Robinson

188 A.D. 948

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1919·Published·Cited by 1 cases

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the proof as to the effect of the plaintiff’s illness upon the prosperity of his business and the evidence of his loss of profits therein and the sale of the business at a loss were incompetent and improperly received upon the question of plaintiff’s damages. We think the point was sufficiently raised by exception and was not waived by failure to except to the judge’s charge on that subject. All concurred.

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Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the proof as to the effect of the plaintiff’s illness upon the prosperity of his business and the evidence of his loss of profits therein and the sale of the business at a loss were incompetent and improperly received upon the question of plaintiff’s damages. We think the point was sufficiently raised by exception and was not waived by failure to except to the judge’s charge on that subject. All concurred.

Gunn v. Robinson, 188 A.D. 948 (N.Y. Ct. App. 1919).

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Opinion

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