Melish v. New York Consolidated Railroad

The authority conferred upon the trial court by section 999 of the Code of Civil Procedure to set aside a verdict because the same is for excessive damages, involves the exercise of a sound judicial discretion. The power in a proper case must be exercised. The courts, as was said by Mr. Justice Cullen in Meade v. Brooklyn Heights R. R. Co., 3 App. Div. 432, “ are very chary of interfering with the award of damages made by juries, but there must come a point at which it is our duty to intervene.” In the present case, the plaintiff recovered a verdict of $48,000 for personal injuries. He is a…