Rost v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of April, 1896, upon the verdict of a jury for $27,500 rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order bearing date the 16th day of April, 1896, and entered in said clerk’s office' denying the defendant’s…
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Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of April, 1896, upon the verdict of a jury for $27,500 rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order bearing date the 16th day of April, 1896, and entered in said clerk’s office' denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages resulting from personal injuries…
1Opinion of the Court
Hatch, J.:
It is not seriously contended but that the evidence was sufficient to warrant a recovery in plaintiff’s favor. The claim is made, however, that defendant has not had a fair trial,-in that what transpired thereon had a tendency to unduly create sympathy for the plaintiff and arouse the passions and prejudices of the jury, leading them, on account thereof, to render a verdict in excess of the pecuniary loss sustained. The evidence disclosed a case harrowing to the feelings in the extreme, and presented a condition where a duty was devolved upon the court to carefully guard the trial…
2Cases cited2 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Platt v. MunroeNew York Supreme Court · 1861
3Cited by10 opinions
- Harper v. BoltonSupreme Court of South Carolina · 1962
- McGovern v. Inter Urban Railway Co.Supreme Court of Iowa · 1907
- Morgan v. BrossOregon Supreme Court · 1913
- Webber v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1898
- Butez v. Fonda, Johnstown & Gloversville RailroadNew York Supreme Court · 1897
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