McIntyre v. New York Central Railroad
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a new trial. The action was brought to recover damages for the death of Susannah Knight, the plaintiff’s intestate, occasioned, as claimed, by.the negligence of the defendants’ employees, upon its railroad, in November, 1859. At the first trial of the action, the plaintiff was nonsuited. On appeal, the court, at general term, granted a new trial.
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APPEAL from an order made at a special term, denying a motion for a new trial. The action was brought to recover damages for the death of Susannah Knight, the plaintiff’s intestate, occasioned, as claimed, by.the negligence of the defendants’ employees, upon its railroad, in November, 1859. At the first trial of the action, the plaintiff was nonsuited. On appeal, the court, at general term, granted a new trial. (See 43 Bari. 532, S. G. where the facts are stated.) On the second trial, before Justice Welles and a jury, a,t the Monroe circuit, in January, 1866, the jury found a verdict in favor…
1Opinion of the Court
By the Court, Welles, J.
One of the questions presented on this appeal is whether the damages found by the jury are excessive. That was one of the grounds upon which the motion for a new trial was made at the special term, and this appeal is from the order denying that motion.
Upon a careful review and consideration of all the evidence given at the trial, I am unable to resist the conviction that the verdict against the defendant for $3500 greatly exceeds the amount which the plaintiff was entitled to recover in the light most favorable to him in which the evidence can be viewed.
By the common…
2Cited by4 opinions
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- Potter v. Chicago & Northwestern RailroadWisconsin Supreme Court · 1868
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