Kennedy v. Harlem Railroad
The Superior Court of New York City
This action was referred; the referee reported in favor of the plaintiff, and from the judgment entered on the report the defendants appealed. The court, at general term, set aside the report, as unwarranted by the evidence, and granted a new trial, on condition that the defendants paid the costs of the reference and of the subsequent proceedings.
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This action was referred; the referee reported in favor of the plaintiff, and from the judgment entered on the report the defendants appealed. The court, at general term, set aside the report, as unwarranted by the evidence, and granted a new trial, on condition that the defendants paid the costs of the reference and of the subsequent proceedings. The case is reported sivpm, p.-. The question what costs defendants should pay, as a condition to the granting of a new trial, not having been discussed on the argument of the appeal, he was permitted to be heard on that point. After hearing counsel…
1Opinion of the CourtOakley, C. J.
He stated that the court had considered the question, and come to the conclusion that there was no justice in compelling a party who succeeded on an appeal to pay the costs of such appeal, in all cases and under all circumstances, as a condition to obtaining the relief to which he had shown himself entitled, although such relief was a new trial.
That on setting aside a report of a referee on an appeal from, a judgment entered thereon, or the verdict of a jury on an appeal from an order denying a new trial, in cases in which they are set aside as being clearly and palpably contrary to evidence,…
2Cited by3 opinions
- Benedict v. JohnsonNew York Supreme Court · 1869
- In re WyattNew York Supreme Court · 1893
- Butterworth v. WarthThe Superior Court of New York City · 1859