Helgers v. Staten Island Midland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry J. Helgers, from an order of the Supreme Court, made at the Richmond Trial Term and entered in ■the office of the clerk of the county of Richmond on the 23d day -of April, 1901, granting the defendant’s motion to set aside a verdict -in favor of the plaintiff and granting a new trial of the action.
1Opinion of the Court
Hirschberg, J.:
The defendant’s motion for an order setting aside the verdict and granting a new trial was made upon all the grounds stated in the Code of Civil Procedure (§ 999), but the written opinion of the learned trial justice makes it quite clear that it was granted because the verdict was deemed to be against the weight of evidence and because the amount, although very small, was regarded as excessive under the proof. Without discussing the facts, it is Sufficient to say that the circumstances under which the discretion .of the learned trial justice was exercised do not compel a…
2Cases cited2 opinions
- Brown v. FosterAppellate Division of the Supreme Court of the State of New York · 1896
- Fawdrey v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by8 opinions
- Rothenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Lawrence v. WilsonAppellate Division of the Supreme Court of the State of New York · 1903
- Larsen v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Murphy v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Goldsmith v. Interborough Sreet Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
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