Legal Opinion

Simonsen v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 4 opinions

Appeal by the plaintiff, Reuben L. Simonsen, an infant, by Severin E. Simonsen, his guardian ad litem, 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 3d day of February, 1900, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 19th day of February, 1900, denying the plaintiff’s motion for a new trial made upon the ground that the damages were…

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Appeal by the plaintiff, Reuben L. Simonsen, an infant, by Severin E. Simonsen, his guardian ad litem, 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 3d day of February, 1900, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 19th day of February, 1900, denying the plaintiff’s motion for a new trial made upon the ground that the damages were insufficient.

1Opinion of the Court

Jekks, J.:

While the amount of damages in cases of this kind is largely with the jury, yet if the verdict be unreasonably small, the case may be sent back for the reconsideration of another jury. (Phillips v. London & South Western Railway Co., 4 Q. B. 406; 5 id. 78 ; Armytage v. Haley, 4 id. 917 ; Brown v. Foster, 1 App. Div. 578 ; Morris v. Met. St. Railway Co., 51 id. 512; Miller v. D., L. *480& W. R. R. Co., 58 N. J. 428.) In Morris v. Met. Street Railway Co. (supra) it is said that the exercise of this power is not governed by any well-defined rule, but rests in the circumstances of the…

2Cases cited4 opinions

  1. Brown v. FosterAppellate Division of the Supreme Court of the State of New York · 1896
  2. Stever v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  3. Hamilton v. ForsythNew York Supreme Court · 1894
  4. Manning v. Atlantic Ave. RailroadNew York Supreme Court · 1895

3Cited by4 opinions

  1. Swanton v. KingAppellate Division of the Supreme Court of the State of New York · 1902
  2. Murphy v. Long Island Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Murphy v. Long Island Electric Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1913
  4. Swanton v. KingAppellate Division of the Supreme Court of the State of New York · 1902

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