Dambmann v. Metropolitan Street Railway Co.
New York Supreme Court
Motion for a new trial and to set aside a verdict for the plaintiff as against the weight of evidence, excessive and for prejudicial error on the trial.
1Opinion of the CourtGoff, J.
On the first trial of this case the jury rendered a verdict in favor of the plaintiff for $13,800. For error in refusing to charge a request the Court of Appeals reversed, and on the second trial a verdict for $10,000 was rendered. This verdict the defendant moves to set aside on the grounds of being against the weight of evidence, of being excessive and for prejudicial error on the trial. In. entertaining a motion to set aside a verdict on the ground that it is against the weight of evidence the court must be guided by the well known principles which are given in Rumsey’s Practice in these…
2Cases cited11 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Renihan v. . DenninNew York Court of Appeals · 1886
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3Cited by3 opinions
- Galligano v. GalliganoAppellate Division of the Supreme Court of the State of New York · 1935
- Booren v. McWilliamsNorth Dakota Supreme Court · 1914
- Devonshire v. Stubbs, New York County Courts1930