Anderson v. New York & Cuba Mail Steamship Co.
New York Supreme Court
Motion on the trial justice’s minutes to set aside the verdict and grant a new trial upon exceptions; also because the verdict is for excessive damages, and is otherwise contrary to the evidence and to the law. . The nature of the action and material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
This action is brought to recover damages which plaintiff claims to have sustained in consequence of the defendant’s, negligence, as hereinafter mentioned,. The defense, briefly stated, is that the accident did not occur through any negligence of the defendant, but that it was caused either by the negligence of the plaintiff himself or by the negligence of a fellow servant. Upon the trial both parties introdnced evidence in support of their respective contentions, and the case was submitted to the jury, which rendered a verdict in favor of the plaintiff for $4,715.
Since the verdict is in his…
2Cases cited5 opinions
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Gabrielson v. . WaydellNew York Court of Appeals · 1892
- Thompson v. HermannWisconsin Supreme Court · 1879
- Eldridge v. Atlas Steamship Co.New York Court of Appeals · 1892
- Eldridge v. Atlas Steamship Co.New York Supreme Court · 1890
3Cited by1 opinion
- Keating v. Pacific Steam Whaling Co.Washington Supreme Court · 1899