Hyperlawhypertext legal database Dec v. Brooklyn Heights R. 143 N.Y.S. 1112

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Dec v. Brooklyn Heights R.

143 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1913-10-31 English

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p. 1112
DEC, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
October 31, 1913.)

Headnote

Action by Brunislaw Dec against the Brooklyn Heights Railroad Company.

Judgment and order of the County Court of Queens County reversed, and a new trial ordered, costs to abide tile event, inasmuch as the plaintiff did not sustain the burden of esta'blishing negligence of the defendant. Jilvidence of loss of profits on a contra& was not admissible as damages for personal injuries, unless plaintiff also gave proof that such injuries prevented performance of the contract, or receipt of profits thereof, or diminished them.