Weber v. International Railway Co.
New York Supreme Court
Motion to set aside an inquisition.
1Opinion of the CourtMarcus, J.
This is a motion to set aside an inquisition and that a new writ of inquiry issue. The action was brought to recover damages for personal injuries sustained in a collision of railway cars, and the evidence shows that the injuries are of a serious character. The jury awarded $4,000 damages.
In Bossout v. Rome, W. & O. R. Co., 131 N. Y. 37, it is held that, even where the assessment is by a jury at circuit, the rules for reviewing the trial of an action did not prevail; that a motion may be made to set aside the inquisition, but it will not be granted, however, simply because of the admission of…
2Cases cited4 opinions
- Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
- Kelly v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Nickell v. TracyAppellate Division of the Supreme Court of the State of New York · 1905
- Sharp v. DusenburyNew York Supreme Court · 1800