Appellate Division of the Supreme Court of New York, 1908

Irwin v. Grand Trunk Railway Co. of Canada

Irwin v. Grand Trunk Railway Co. of Canada
Appellate Division of the Supreme Court of New York · Decided November 15, 1908
128 A.D. 916
Irwin v. Grand Trunk Railway Co. of Canada

Opinion of the Court

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that all the issues in the case, including the, question- of damages, must be determined under the laws' of Canada and that the finding of the jury that-the plaintiff was entitled to compensatory damages in this casé is contrary to and against the weight of the evidence. All concurred, except Spring and Robson, JJ., who dissented upon the ground that whether the plaintiff was entitled to "compensatory damages under the Canadian law was a question of fact for the jury and was properly disposed of by it.

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