Reilley v. . President, Etc., of D. H.C. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 28, 1884, which reversed a judgment of the County Court of Albany county and granted a new trial. The nature of the action and the material facts are stated in the opinion. The General Term of the Supreme Court has no power to review a question as to excessive damages on an appeal from a County Court.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 28, 1884, which reversed a judgment of the County Court of Albany county and granted a new trial. The nature of the action and the material facts are stated in the opinion. The General Term of the Supreme Court has no power to review a question as to excessive damages on an appeal from a County Court. (Thurber v. Townsend, 22 N. Y. 517, 519; Ex parte Bassett, 2 Cow. 458; Bowen v. Widmer, 12 Week. Dig. 525; Wavel v. Wiles, 24 N. Y. 635; Meyers v. Riley, 21 Week. Dig. 280; Smith v. Platt,…
1Opinion of the CourtRapallo, J.
This action was brought in the County Court of Albany county to recover damages for ejecting the plaintiff from the defendant’s cars. The plaintiff had a verdict for $1,000 damages. At' the close of the trial the defendant’s counsel moved the county judge, on the minutes, for a new trial, on the grounds that the damages were excessive and that the verdict was against the. weight of the evidence. The motion was denied and an exception taken. Ho order denying the motion was entered. Judgment was entered in the County Court upon the verdict, and an appeal from the judgment and from the decision…
2Cases cited4 opinions
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Wavel v. . WilesNew York Court of Appeals · 1862
- Baker v. . RemingtonNew York Court of Appeals · 1871
3Cited by21 opinions
- White v. . BenjaminNew York Court of Appeals · 1896
- Tucker v. PfauNew York Supreme Court · 1893
- Clark v. EldredNew York Supreme Court · 1889
- Wright v. ChaseNew York Supreme Court · 1894
- Yale v. DartNew York Court of Common Pleas · 1891
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