Legal Opinion

Weber v. International Railway Co.

New York Supreme Court

Decided December 15, 1907Published

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

  1. Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
  2. Kelly v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
  3. Nickell v. TracyAppellate Division of the Supreme Court of the State of New York · 1905
  4. Sharp v. DusenburyNew York Supreme Court · 1800

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