Legal Opinion

Ivey v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901Published

Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme' Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of February,-1901, upon the verdict of a. jury, and also from an order entered in said clerk’s office on the 20th day of February, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J. :

The liability of the defendant is conceded on this appeal, the action being brought to recover damages for personal injuries, the points, raised .being that the verdict for $é,500 is excessive, and that the court erred in its refusal t-o charge as requested by the defendant..

Not every verdict which awards a greater sum than this court, sitting as a jury, might think would compensate the plaintiff.for the injuries received, is to be set aside, to be followed by a new trial, for this would be to usurp the prerogatives of the jury and to deny to the plaintiff his rights. If the…

2Cases cited3 opinions

  1. Laidlaw v. . SageNew York Court of Appeals · 1899
  2. Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
  3. McAllister v. FergusonAppellate Division of the Supreme Court of the State of New York · 1900

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