Ivey v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
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
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
- McAllister v. FergusonAppellate Division of the Supreme Court of the State of New York · 1900