Johnson v. Kathan
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by David Johnson- against Orange E. Kathan. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals.
1Opinion of the CourtFubsman, J.
This action was brought to recover damages for an alleged trespass of the defendant in entering upon the plaintiff’s lands and cutting and carrying away and converting to his own use a quantity of trees growing thereon. The plaintiff claims treble damages, and the jury having rendered a verdict for $260 actual damages, judgment was entered thereon for $780, besides costs. On the coming in of the verdict a motion was made to set it aside, on the grounds, among others, that the damages awarded were excessive, and that the evidence did not authorize the verdict rendered. This motion was denied,…
2Cases cited3 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Kennedy v. StrongNew York Supreme Court · 1817
- Dillenback v. JeromeNew York Supreme Court · 1827
3Cited by2 opinions
- Rock v. Belmar Contracting Co.New York Supreme Court · 1930
- Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1990