Appellate Terms of the Supreme Court of New York, 1904

Dundon v. Interurban Street Railway Co.

Dundon v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York · Decided March 24, 1904 · Scott
87 N.Y.S. 460 (New York Supplement)

Counsel

Henry W. Goddard and William E. Weaver, for appellant., Jacob Stiefel, for respondent.

Dundon v. Interurban Street Railway Co.

Opinion of the Court

SCOTT, J.

In this action by a husband for damages suffered by him in consequence of an injury to his wife, obviously incompetent evidence was admitted on the subject of damages. The physician’s, testimony as to the value of his services was vague and inconclusive. The evidence as to the loss of wages by the daughter, who is not shown to be an infant, constitutes no part of the father’s damage. There is no means of ascertaining by how much the judgment was increased by this evidence.

The judgment must therefore be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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