Stephens v. Hudson Valley Knitting Co.
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by Mary E. Stephens against the Hudson Valley Knitting Company to recover damages for personal injuries caused by defendant’s negligence, and received by plaintiff while in defendant’s employ. There was a verdict for plaintiff for $5,500. From an order setting aside the verdict as excessive, unless the plaintiff should stipulate to reduce the verdict to $2,000, plaintiff appeals. Reversed.
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Appeal from circuit court, Saratoga county. Action by Mary E. Stephens against the Hudson Valley Knitting Company to recover damages for personal injuries caused by defendant’s negligence, and received by plaintiff while in defendant’s employ. There was a verdict for plaintiff for $5,500. From an order setting aside the verdict as excessive, unless the plaintiff should stipulate to reduce the verdict to $2,000, plaintiff appeals. Reversed. The plaintiff, at the time not quite 21 years old, was employed in defendant’s mill to operate a sewing machine, earning from $5.16 to $9.90 per week.…
1Opinion of the CourtHerrick, J.
In action for damages for torts it is the well-established law of this state that verdicts-of juries will not be set aside for excessiveness, unless the amount is so great as manifestly to show that the jury must have actuated by passion, partiality, prejudice, or corruption. Coleman v. Southwick, 9 Johns. 45; Gale v. Railroad Co., 13 Hun, 1; Minick v. City of Troy, 19 Hun, 253; Gale v. Railroad Co., 53 How. Pr. 385; Whiteman v. Leslie, 54 How. Pr. 495; Collins v. Railroad Co., 12 Barb. 492. While the court may in such eases have the power to reduce the amount of the verdict, and, if the…
2Cases cited6 opinions
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Coleman v. SouthwickNew York Supreme Court · 1812
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Porter v. . DunnNew York Court of Appeals · 1892
- Gale v. New York Central & Hudson River RailroadNew York Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Scott v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1893
- Cross v. City of ElmiraNew York Supreme Court · 1895
- Holmes v. JonesNew York Supreme Court · 1893
- Craswell v. New York & South Brooklyn Ferry & Steam Transportation Co.City of New York Municipal Court · 1899
- Timpone v. Dry Dock, East Broadway & Battery RailroadCity of New York Municipal Court · 1899