Herbst v. Vacuum Oil Co.
New York Supreme Court
Appeal from circuit court, Monroe county. Actum by Ludwig Herbst against the Vacuum Oil Company for personal injuries. From an order granting a motion to set aside the verdict of the jury in favor of plaintiff and for a new trial plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The verdict was set aside on the ground that the damages awarded thereby were excessive. The action was for injuries to the person *939of the plaintiff, resulting from the explosion of naphtha in the sewers of Rochester, in December, 1887, out of which occurrence grew the actions of Burch, Bridgman, and others against the same defendant, in all of which cases the liability of the defendant was adjudged by this court and by the court of appeals.1 The motion to set aside the verdict, on the ground that it awarded damages in excess of the amount fairly established by the evidence, was one-which tlie…
2Cases cited2 opinions
- Lee v. Vacuum Oil Co.New York Supreme Court · 1889
- Wallace v. Vacuum Oil Co.New York Supreme Court · 1891