Funk v. . Evening Post Publishing Company
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered May 5, 1894, which modified, and as modified affirmed, a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial.
1Opinion of the Court
Judgment affirmed, with costs; no opinion.
All concur, except Bartlett, J., who reads the following opinion for reversal, and. Haight, J., who agrees with Bartlett, J. :
“I think this judgment should be reversed for legal error ■appearing upon the face of the record.
The jury took the law into their own hands and, disregarding the instruction of the trial judge that plaintiff, in any event, was entitled to nominal damages, rendered a verdict for the defendant.
This is not a case where a new trial is asked for simply because the verdict was for the defendant instead of for the plaintiff for…
2Cited by2 opinions
- Lynch v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Longo v. Saratogian, Inc.Appellate Division of the Supreme Court of the State of New York · 1944