Hogan v. Franken
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHinman, J.
The order appealed from sets aside the verdict of a jury on the ground that it is inadequate. There is no complaint that the issues were not fairly presented to the jury or that the questions of fact and of damages were not fairly submitted by the charge of the learned trial court. In fact, the charge was unusually clear and explicit on the measure of damages to be applied.
There is here no question of the power of the trial court to set aside the verdict of a jury as against the weight of the evidence. Such discretionary power has long been recognized and its exercise, when justified by the…
2Cases cited6 opinions
- Dashnau v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 1923
- McNally v. OakwoodNew York Court of Appeals · 1925
- McNally v. OakwoodAppellate Division of the Supreme Court of the State of New York · 1924
- Boos v. FieldAppellate Division of the Supreme Court of the State of New York · 1920
- Brady v. McGeheeTennessee Supreme Court · 1860
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3Cited by19 opinions
- Kover v. KoverNew York Court of Appeals · 1972
- O'Connor v. PapertsianNew York Court of Appeals · 1956
- Senko v. FondaAppellate Division of the Supreme Court of the State of New York · 1976
- Phoenix Mutual Life Insurance v. ConwayNew York Court of Appeals · 1962
- Kligman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
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