Legal Opinion

Milliken v. City of New York

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

Decided April 24, 1903PublishedCited by 2 opinions

Appeal from Trial Term, Kings County. Action by Margaret Milliken against the city of New York. From an order denying plaintiff’s motion to set aside a verdict in her favor as inadequate, she appeals.

1Opinion of the CourtHirschberg, J.

The plaintiff recovered a verdict of $250 for personal injuries alleged to have been occasioned by the defendant’s negligence. The learned trial justice denied her motion to set aside the verdict as inadequate, writing the following opinion:

“If the liability of the city for the injury sustained by the plaintiff was established, she was entitled to a much larger sum for damages than was awarded by the jury; the amount is plainly inadequate. Theoretically, the jury having by their verdict established the liability of the city, and having awarded an inadequate sum for damages, for this reason…

2Cited by2 opinions

  1. Rawle v. McIlhennySupreme Court of Virginia · 1934
  2. Hurley v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903

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