14 Misc. 400 | New York City Court | 1895
We have considered all the exceptions to, . which our attention has been called, ill the points of. the appellant, and conclude that, our - decision op the ajipeal in the case, of Annie Cannon against the appellant (9 Misc. Rep. 282 . 29 N. Y. Supp. 122) is: conclusive as to the correctness of the rulings'of the le'amqd trial judge..
It is claimed that the verdict for $10,000 is excessive. The-jury found,'ón conflicting testimony, that the wife of the., plaintiff, just prior to her injury, was -a'strong, healthy woman,, about thirty-eight years of age, and that ever since the injury she has beep a confirmed invalid; that her • health will not. improve, and that during her future life she will be a Burden to her husband and not a comfort ;■ that she never can be a wife to hini again. The future damages to the plaintiff are, in a certain sense, speculative, and yet the law leaves it to a. -jiiry to decide the amount in actions of this kind, provided
Present: Clement, Oh. J., an'd Van Wyck, J.
Judgment and order affirmed, with costs.