Kiff v. . Youmans
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the fourth Tuesday of January, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the fourth Tuesday of January, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 20 Hun, 123.) This action was to recover damages for an alleged assault and battery. • The defense was that, at the time of the occurrence complained of, plaintiff was trespassing upon the premises, and, refusing to leave when requested, defendant attempted to remove him, using no more…
1Opinion of the CourtDanforth, J.
Although the trial judge was of opinion that a smaller verdict would have done better justice between the parties, he felt its adjustment, under the rules laid down by him, was within the province of the jury, and the General Term refrained from interference, because it did not appear they were actuated, in rendering it by prejudice, passion or other improper motive. On the other hand, the respondent contends that the verdict would have been much larger if the court had not decided as a matter of law, that in the transaction submitted to the jury the plaintiff was a trespasser. Before this…
2Cases cited9 opinions
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- Birchard v. BoothWisconsin Supreme Court · 1856
- Filkins v. . PeopleNew York Court of Appeals · 1877
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- Gilham v. DevereauxMontana Supreme Court · 1923
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