Pope v. State

Appellate Division of the Supreme Court of New York

Pope v. State

283 A.D. 853, 129 N.Y.S.2d 224, 1954 N.Y. App. Div. LEXIS 5515

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

DecidedMarch 19, 1954

DocketClaim No. 30718

StatusPublished

This text of 283 A.D. 853 (Pope 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

Pope v. State, 283 A.D. 853, 129 N.Y.S.2d 224, 1954 N.Y. App. Div. LEXIS 5515 (N.Y. Ct. App. 1954).

Pincite

Opinion

—Judgment affirmed, without costs of this appeal to either party. All concur, except MeCurn, P. J., who dissents as to that part of the judgment which denies an award for conscious pain and suffering and votes to grant a new trial on the ground that the findings as to that cause of action are against the weight of evidence. (Appeal from a judgment for claimant on a claim against the State for the death of claimant’s intestate alleged to have resulted by reason of an assault by an inmate of Willard State Hospital. The judgment failed to award damages for conscious pain and suffering and damages for pecuniary loss to the estate.) Present — MeCurn, P. J., Vaughan, Kimball, Piper and ' Wheeler, JJ.

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—Judgment affirmed, without costs of this appeal to either party. All concur, except MeCurn, P. J., who dissents as to that part of the judgment which denies an award for conscious pain and suffering and votes to grant a new trial on the ground that the findings as to that cause of action are against the weight of evidence. (Appeal from a judgment for claimant on a claim against the State for the death of claimant’s intestate alleged to have resulted by reason of an assault by an inmate of Willard State Hospital. The judgment failed to award damages for conscious pain and suffering and damages for pecuniary loss to the estate.) Present — MeCurn, P. J., Vaughan, Kimball, Piper and ' Wheeler, JJ.

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Bluebook (online)

283 A.D. 853, 129 N.Y.S.2d 224, 1954 N.Y. App. Div. LEXIS 5515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-state-nyappdiv-1954.