Moses v. Central Park, North & East River Railroad
New York Court of Common Pleas
Action by Fannie M. Moses against the Central Park, North & East River Railroad Company. Defendant moves to set aside a verdict in plaintiff’s favor on the ground that it is a quotient verdict.
1Opinion of the Court
PRYOR; J.
In an action for damages from a negligent injury the plaintiff had a verdict for $9,216.66, and the motion is to set it aside, because a “quotient” verdict; that is, a verdict rendered upon an agreement for one twelfth of the aggregate amount of the *24several estimates by the jurors. That a verdict so reached is invalid unless sanctioned by the judgment and concurrence of the jury is a proposition too clear to require argument or authority in its support. But that the verdict was so found rests- exclusively on the affidavits of jurors, and the learned counsel for the plaintiff objects…
2Cases cited18 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Dana v. TuckerNew York Supreme Court · 1809
- Roy v. GoingsIllinois Supreme Court · 1885
- Johnson v. HusbandSupreme Court of Kansas · 1879
- Thomas v. ChapmanNew York Supreme Court · 1865
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3Cited by8 opinions
- Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
- Hull v. LarsonArizona Supreme Court · 1913
- Broadway Building Co. v. SaladinoCity of New York Municipal Court · 1913
- Honigsberg v. New York City Transit AuthorityCivil Court of the City of New York · 1964
- Klein v. EichenNew York Supreme Court · 1970
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