Kummer v. Christopher & T. St. R.
New York Court of Common Pleas
Appeal from trial term. Action by Charles Kummer against the Christopher & Tenth Street Railroad Company for personal injuries. From a judgment entered on the verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
It is settled by countless adjudications, in England and in this country, that, if a verdict be contrary to law or to the manifest justice of the case, the court will set it aside as often as the jury may return it. Here, whether the verdict be against law or justice depends upon the facts found by the jury; and if the testimony for the plaintiff be true, their verdict can be contrary neither to the law nor to the justice of the case, for the proof establishes the right of the plaintiff to a recovery beyond the possibility of doubt. Our conclusion as to the injustice of the former verdict was…
2Cases cited7 opinions
- Bagley v. . BoweNew York Court of Appeals · 1887
- Ambler v. WhippleIllinois Supreme Court · 1891
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
- Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896
- Lacs v. James Everard's BreweriesAppellate Division of the Supreme Court of the State of New York · 1905
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900