Barber Asphalt-Paving Co. v. New York Postgraduate Medical School & Hospital
New York Supreme Court
Action by the Barber Asphalt-Paving Company against the New York Postgraduate Medical School & Hospital. Motion to correct verdict.
1Opinion of the CourtDaly, J.
A motion is made by plaintiff, after verdict in his favor, to have the court compute the interest on the amount allowed by the jury, and add it to the verdict, under the authority of Peetsch v. Quinn, 57 N. Y. St. Rep. 80, 27 N. Y. Supp. 323. This may be done, if plaintiff is entitled to interest, and the jury has failed to allow it. Martin v. Silliman, 53 N. Y. 615. In this case the plaintiff was entitled to recover, at an agreed price, for the amount of repaving or repairing of the asphalt pavement of the street in front of which the defendants had caused excavations to be made for their…
2Cases cited2 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Peetsch v. QuinnNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Demms v. BlanchardNew York Supreme Court · 1934