Legal Opinion

Sembler v. Cowperthwait

New York Supreme Court

Decided February 15, 1907PublishedCited by 1 opinion

Motion to set aside verdict and for a new trial, on the ground that the verdict is excessive and against the weight of evidence; and on the further ground that there is no legal or competent evidence upon which a verdict for the plaintiff can be sustained.

1Opinion of the CourtCarr, J.

In this action, the jury have found a verdict for the plaintiff for the sum of $6,000 damages. The action was brought by the plaintiff to recover damages for the death of his son, a young man twenty-five years of age, through the alleged negligence of the defendants. At the time of his death, the young man resided with his father, earned about $12 a week, was in good health and of good habits. His father, the plaintiff, was about forty-nine years of age at *29the time. On reflection, I do not think the verdict of the jury is so large as to indicate passion or prejudice or to show any undue…

2Cases cited4 opinions

  1. Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
  2. City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
  3. Gorman v. McArdleNew York Supreme Court · 1893
  4. Johnson v. Steam Gauge & Lantern Co.New York Court of Appeals · 1895

3Cited by1 opinion

  1. Dougherty v. Pratt InstituteNew York Supreme Court · 1925

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