New York Court of Appeals

Mary Ann Brooks, Respondent v. Adolphus Schwerin, Appellant

June 5, 187354 N.Y. 343

Summary

The New York Court of Appeals affirmed the judgment for the married woman plaintiff, holding that the trial court did not err in allowing the jury to consider her negligence, the defendant's negligence, and her recovery for loss of earnings earned on her own account, while rejecting a charge that she could not recover for any loss of services. The decision was contested by a dissent that would have reversed the judgment.