Waltz v. Utica & Mohawk Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Utica and Mohawk Valley Railway Company, from an order of the Supreme Court, made at the Oneida Trial Term and ■ entered in the office of the clerk of ■ the county of Oneida on the 16th day of June, 1906, granting the plaintiff’s motion to set aside the verdict of a jury theretofore rendered in her favor, on the ground that the damages were insufficient, and granting a new trial of the action.
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Appeal by the defendant, the Utica and Mohawk Valley Railway Company, from an order of the Supreme Court, made at the Oneida Trial Term and ■ entered in the office of the clerk of ■ the county of Oneida on the 16th day of June, 1906, granting the plaintiff’s motion to set aside the verdict of a jury theretofore rendered in her favor, on the ground that the damages were insufficient, and granting a new trial of the action. The action was commenced on the 21th day of July, 1905, to recover damages alleged to have been sustained solely through the negligence of the defendant. ’ Rone of the…
1Opinion of the Court
McLennan, P. J.:
The only question presented hy this appeal is whether or not a defendant is entitled to costs absolutely as matter of law where, upon plaintiff’s motion, a verdic.t in his favor is set aside and a new trial granted upon the ground that the amount of damages awarded by the jury is insufficient.
It has long been established by authority that such disposition as to costs when a new trial is granted under section 999 of the Code' *564of Civil Procedure, because of errors committed by the trial justice, is proper. 'In the case át bar, so far as appears, the insufficiency of the verdict…
2Cited by7 opinions
- Rothenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Wilmerding v. FeldmanAppellate Terms of the Supreme Court of New York · 1907
- Duffy v. City of New YorkNew York Supreme Court · 1907
- Dechambeau v. Ames Iron WorksNew York Supreme Court · 1910
- Garno v. BurgardAppellate Division of the Supreme Court of the State of New York · 1915
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