Lynch v. Syracuse, Lakeside & Baldwinsville Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry W. Lynch, from a judgment of the County Court of Onondaga county in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the íth day of January, 1902, upon an order entered in said clerk’s office on the Jth day of January, 1902, reversing a judgment of the Municipal Court of the city of Syracuse entered upon the verdict of a jury for $1,000, unless the plaintiff stipulate to reduce the amount of damages to…
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Appeal by the plaintiff, Henry W. Lynch, from a judgment of the County Court of Onondaga county in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the íth day of January, 1902, upon an order entered in said clerk’s office on the Jth day of January, 1902, reversing a judgment of the Municipal Court of the city of Syracuse entered upon the verdict of a jury for $1,000, unless the plaintiff stipulate to reduce the amount of damages to $300, in which case the judgment of the Municipal Court as so modified was to be affirmed, and also from the order of the…
1Opinion of the Court
Hiscook, J.:
The principal question involved upon this appeal is whether under the statute governing the Municipal Court of the city of Syracuse, the County Court has the power to review an order made in the former court denying a motion for a new trial made upon the ground of excessive damages.
The learned county judge held that there was such power to review sucli an order, and in this case, in effect, reversed the judgment in the Municipal Court iu favor of plaintiff and the order therein denying a motion for a new trial on the ground that the *97damages were excessive, unless plaintiff…
2Cases cited2 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Powers v. HanfordAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Stevens v. SmithNew York County Court, Cayuga County · 1907