Gubbitosi v. Rothschild
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Isaac Rothschild and another, from an order of the Supreme Court, made at'the New York Trial Term and entered in the office of the clerk of the county of New York on the 10th day of February, 1902, setting aside as inadequate the verdict of a jury in favor of the plaintiff for $200 rendered upon the trial of the action and granting a new trial.
1Opinion of the Court
Ingraham, J.:
The action was brought to recover damages for the negligent killing of the plaintiff’s son, a boy not quite six years of • age. The jury awarded the plaintiff $200, when, upon motion of the plaintiff, the court set aside this verdict and directed a new trial upon the ground that the amount allowed was inadequate. Ho other error is alleged which would justify the court in setting aside this verdict.
We have lately held in the case of Terhune v. Cody Contracting Co. (72 App. Div. 1) that in an action of this character, where the jury are required to ascertain the pecuniary injury…
2Cases cited1 opinion
- Terhune v. Joseph W. Cody Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Courtney v. AppleMichigan Supreme Court · 1956
- Courtney v. AppleMichigan Supreme Court · 1956
- Courtney v. AppleMichigan Supreme Court · 1956