Terhune v. Joseph W. Cody Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph W. Cody Contracting Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 23d day of January, 1902, setting aside as inadequate the verdict of a jury in favor of the plaintiff for $600 and granting a new trial of the action.
1Opinion of the Court
Ingbaham, J.: .
The action was brought to recover the damages caused by the • death of one Mary Terhune. The deceased at the time of her death was' under six years of' age and left her surviving her father, her next of kin. The funeral expenses were proved to be $59.50. The jury found a verdict for the plaintiff for $600, and the cdunsel for the plaintiff moved upon the judge’s minutes to set aside the verdict upon the ground that the damages were inadequate, and upon the other grounds stated in section 999 of the Code of Civil Procedure, which motion the court granted, mid from the order…
2Cases cited2 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
3Cited by7 opinions
- Courtney v. AppleMichigan Supreme Court · 1956
- De Luna v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Schnable v. Providence Public MarketSupreme Court of Rhode Island · 1902
- Gubbitosi v. RothschildAppellate Division of the Supreme Court of the State of New York · 1902
- Courtney v. AppleMichigan Supreme Court · 1956
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