New York Supreme Court, 1888

Budd v. Walker

Budd v. Walker
New York Supreme Court · Decided January 23, 1888
14 N.Y. St. Rep. 935

Counsel

George W. Van Slyck, for def’t; Wm. G. Wilson, for pl’ff.

Budd v. Walker

Opinion of the Court

Per Curiam.

The facts and the law of this case have been so fully considered on the two previous appeal -i tp the general term, and the new points arising on the last trial are so satisfactorily disposed of in the opinion of the trial judge that no extended discussion of the questions involved is now necessary. The doctrine of stare decisis demands the affirmance of the judgment unless it was error to restrict the plaintiff's recovery by excluding her claim for a portion of the household expenses. We think the special term properly held that her testimony on this subject was too indefinite to afford a trustworthy basis for a finding thereon in her favor. She expressly stated that she could not swear positively how much money she expended for housekeeping expenses in any year. ‘ ‘A general idea ” that the expenses of maintaining her household were "from $5,000 to $8,000 per annum affords no foundation for a judgment in a court of law.

The judgment appealed from must be affirmed, and as both parties are appellants, without costs to either.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.