Swanton v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Delia Swanton, as administratrix, etc., of ■ Eobert Swanton, Junior, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Eichmond on the 10th day of March, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the . 10th day of March, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The jury found the damages to be $600. We are asked to send this case to another jury because the damages are inadequate. Courts rarely interfere with the verdicts of juries in such- cases. (Johnson v. Long Island R. R. Co., 80 Hun, 306; affd., 144 N. Y. 719.) The appellant cannot invoke any well-defined rule, but must depend mainly upon the circumstances of this particular case. If we are convinced that a verdict is irreconcilable with justice or with common sense, or was reached in palpable disregard of the elements of damage which the jury was bound to consider, then it is our…
2Cases cited5 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Johnson v. Long Island R.New York Supreme Court · 1894
- Morris v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Keenan v. . B.C.R.R. Co.New York Court of Appeals · 1895
- Simonsen v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Wilkins v. HopkinsCourt of Appeals of Kentucky (pre-1976) · 1939