Lynch v. Syracuse, Lakeside & Baldwinsville Railway
Appellate Division of the Supreme Court of the State of New York
Appeal from Onondaga county court. Action by Henry W. Lynch against the Syracuse, Lakeside & Baldwinsville Railway. From a judgment of the county court reversing a judgment for plaintiff, and granting a new trial unless plaintiff stipulates to reduce his verdict to a certain sum, plaintiff appeals.
1Opinion of the CourtHiscock, J.
The principal question involved upon this appeal is whether, under the statute governing the municipal court of the city of Syracuse, the county court has the power to review an order made in the former court denying a motion for a new trial made upon the ground of excessive damages." The learned county judge held that there was such power to review such an order, and in this case, in effect, reversed the judgment in the municipal court in favor of plaintiff, and the order therein denying a motion for a new trial, on the ground that the damages were excessive, unless plaintiff consented to…
2Cases cited2 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Powers v. HanfordAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Stevens v. SmithNew York County Court, Cayuga County · 1907