Legal Opinion

Gray v. . Central R.R. Co. of New Jersey

New York Court of Appeals

Decided January 10, 1899PublishedCited by 34 opinions

Cross-appeals from a judgment of the late General Term -of the Supreme Court in the first judicial department, entered November 15, 1895, modifying and, as modified, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Cross-appeals from a judgment of the late General Term -of the Supreme Court in the first judicial department, entered November 15, 1895, modifying and, as modified, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This case was tried and submitted to the jury upon the theory that the jury were to determine whether or not the boat was in fact sound, and whether or not the defendant ought to have been satisfied with her. This was error.…

1Opinion of the CourtGray, J.

This action was brought to recover of the defendant damages, because of a breach of its contract to buy a steamboat. The plaintiffs had judgment upon the verdict of a jury, which awarded interest upon the sum in which the plaintiffs were found to have been damaged. Upon appeal to the General Term, that court ordered a modification of the judgment, by reducing the verdict to the amount found by the jury, exclusive of interest, and affirmed the judgment as so modified. From the judgment of affirmance the plaintiffs and the defendant have appealed; the former because of the reduction in the…

2Cases cited3 opinions

  1. McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
  2. Burckle v. . EckhartNew York Court of Appeals · 1849
  3. Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889

3Cited by34 opinions

  1. Faber v. . City of New YorkNew York Court of Appeals · 1918
  2. Laycock v. ParkerWisconsin Supreme Court · 1899
  3. Lineman v. SchmidCalifornia Supreme Court · 1948
  4. Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
  5. Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932

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