Fawdrey v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna D. Fawdrey, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the loth day of March, 1901, setting aside the, verdict of a jury rendered in favor of the plaintiff and granting a new trial, on the ground that the amount awarded by the verdict was excessive.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff was injured in a collision between two cars of the defendant, and at the trial the latter did not contest its liability to pay for whatever damages were actually occasioned to the plaintiff by the accident. It did then, and does now, deny that the plaintiff’s condition as it was at the time of the trial resulted from the accident, contending that it was partially at least the result of confinement. The jury rendered a verdict for $28,500. The defendant moved to set it aside as excessive and against the weight of *419evidence. The motion was granted and an opinion…
2Cases cited2 opinions
- Fealey v. . BullNew York Court of Appeals · 1900
- Lyons v. ConnorAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- Helgers v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Rothenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909