New York Court of Appeals

Oldfield, Adm'r of Downie, Against the N.Y. and Harlem R.R. Co.

September 5, 185614 N.Y. 310

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the plaintiff's negligence claim was properly allowed, that nominal damages are recoverable without proof of pecuniary loss, and that the jury's instruction on damages was not erroneous. A concurring opinion agreed with the majority on these points but emphasized the proper handling of the motion to dismiss.