Hooghkirk v. President of the Delaware & Hudson Canal Co.
New York Supreme Court
Motion by defendant for a new trial on the ground that the damages awarded by the jury are excessive.
1Opinion of the CourtWestbrook, J.
On the 12th day of May, 1880, a verdict was rendered in this action for the sum of $5,000. That verdict the defendant moves to set aside upon the sole ground that it is excessive. Preliminary to any discussion of the merits of the present motion a brief statement of the facts of the case will be given.
On the 7th day of ¡November, 1879, the plaintiff, who was a gardner residing upon Van Rensselaer Island, in the county of Albany, was coming in a wagon drawn by two horses to the city of Albany. With him in the wagon were his wife, two hired men and his infant daughter Eliza, who had passed her…
2Cases cited8 opinions
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Tilley v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Quin v. . MooreNew York Court of Appeals · 1857
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3Cited by3 opinions
- Chicago, Milwaukee & St Paul Railway Co. v. WilsonAppellate Court of Illinois · 1890
- Bradley v. SattlerAppellate Court of Illinois · 1894
- Swift & Co. v. FosterAppellate Court of Illinois · 1894