Rose v. King
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiff, Joseph Rose, from an order of the Supreme Court, made at the Orange Trial Term and entered in the office of the clerk of the county of Orange on the 13th day of January, 1902, setting aside a verdict for seventy-six dollars rendered by the jury in favor of the plaintiff, and granting a new trial of the action unless the plaintiff should stipulate to reduce the verdict to the sum of two dollars.
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Appeal "by the plaintiff, Joseph Rose, from an order of the Supreme Court, made at the Orange Trial Term and entered in the office of the clerk of the county of Orange on the 13th day of January, 1902, setting aside a verdict for seventy-six dollars rendered by the jury in favor of the plaintiff, and granting a new trial of the action unless the plaintiff should stipulate to reduce the verdict to the sum of two dollars. The action was brought to recover damages for the ejection of the plaintiff from a railroad train operated by the defendants. The contention of the plaintiff is that he went…
1Opinion of the Court
Per Curiam :
This case in its facts is in all respects similar to Miller v. King, which was before the General Term and the Appellate Division six times and the Court of Appeals once, and has been reported five times in all. (84 Hun, 309 ; 88 id. 181; 21 Ápp. Div. 192 ; 32 id. 389 ; 166 N. Y. 394.)
The only question presented on this appeal relates to the measure of damages. The learned trial judge instructed the jury that, *310assuming the contract of carriage between the railroad company and the plaintiff to have been broken, the receivers must make the plaintiff whole for the expense of going…
2Cases cited1 opinion
- Miller v. . KingNew York Court of Appeals · 1901
3Cited by1 opinion
- Stewart v. Baltimore & Ohio RailroadAppellate Terms of the Supreme Court of New York · 1904