Wallace v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Wallace v. New York City Railway Co.

92 N.Y.S. 766

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 3, 1905

StatusPublished

This text of 92 N.Y.S. 766 (Wallace v. New York City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wallace v. New York City Railway Co., 92 N.Y.S. 766 (N.Y. Ct. App. 1905).

Pincite

Opinions

SCOTT, J.

The defendant in ■ this case admitted its liability, and the only question to be determined was as to the amount of damages. The justice erroneously admitted evidence tending to show that certain injuries suffered by plaintiff were permanent, although that fact was not pleaded. We are bound to assume that the evidence thus erroneously admitted enhanced the verdict to some extent, although, of course, we cannot tell precisely by how much.

We think that the judgment must be reversed, and a new trial granted, with costs to appellant to abide the event, unless the plaintiff will stipulate to reduce the judgment to $226.50, in which case the judgment as modified will be affirmed, without costs. If plaintiff is willing to accept a judgment for damages as thus reduced, the defendant should be satisfied to be charged no more for its admitted liability.

Free access — add to your briefcase to read the full text and ask questions with AI

SCOTT, J.

The defendant in ■ this case admitted its liability, and the only question to be determined was as to the amount of damages. The justice erroneously admitted evidence tending to show that certain injuries suffered by plaintiff were permanent, although that fact was not pleaded. We are bound to assume that the evidence thus erroneously admitted enhanced the verdict to some extent, although, of course, we cannot tell precisely by how much.

We think that the judgment must be reversed, and a new trial granted, with costs to appellant to abide the event, unless the plaintiff will stipulate to reduce the judgment to $226.50, in which case the judgment as modified will be affirmed, without costs. If plaintiff is willing to accept a judgment for damages as thus reduced, the defendant should be satisfied to be charged no more for its admitted liability.

Cite This Page — Counsel Stack

Bluebook (online)

92 N.Y.S. 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-new-york-city-railway-co-nyappterm-1905.