Hyperlawhypertext legal database Roesler v. Dunkirk Home Telephone Co. 146 N.Y.S. 1110

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Roesler v. Dunkirk Home Telephone Co.

146 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1914-03-04 English

Contents

Majority

p. 1110
ROESLER, Respondent, v. DUNKIRK HOME TELEPHONE CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 4, 1914.)

Headnote

Action by Eva Roesler, an infant, etc., against the Dunkirk Home Telephone Company.

Order denying motion for new trial upon ground of newly discovered evidence affirmed, with costs. Judgment and order denying motion for new trial upon the minutes of the court reversed, and new trial granted, with costs to appellant to abide event. Held, that the exception to the charge permitting the jury to award damages for permanent injuries and the refusal to charge specifically upon that subject as requested present error.