Joseph v. New York City Railway Co.

The circumstance which made it necessary to set aside this verdict was the injustice done to the defendant John Kissel & Son in imposing upon it damages unwarranted by any evidence in the case. Since both defendants were sued as joint tort feasors, and a general verdict was returned against the two, it was impossible to set aside the verdict as to one and not as to the other. In the granting of such a motion great latitude of discretion is allowed the trial court in this department (Robinson v. Interurban St. R. Co., 113 App. Div. 46) ; and as a general practice the granting of costs is not…