Clapp v. Hudson River Rail Road
New York Supreme Court
THIS was an action to recover damages for the injury sustained by the plaintiff in the collision which occurred upon the defendants’ road, at Croton, in December, 1851. It" was tried at the Columbia circuit, in April, 1853, before Mr. Justice Parker. It appeared upon the trial that the plaintiff, being a passenger in one of the defendants’ cars, at the time of the collision, had the larger or shin bone of his leg broken, between the knee and the oncle.
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THIS was an action to recover damages for the injury sustained by the plaintiff in the collision which occurred upon the defendants’ road, at Croton, in December, 1851. It" was tried at the Columbia circuit, in April, 1853, before Mr. Justice Parker. It appeared upon the trial that the plaintiff, being a passenger in one of the defendants’ cars, at the time of the collision, had the larger or shin bone of his leg broken, between the knee and the oncle. He also received some flesh wounds upon the head. ■ After the injury he was carried to the house of his brother, at Stuyvesant, where his leg…
1Opinion of the Court
By the Court,
Harris, J.
In Collins v. The Albany and Schenectady Rail Road Company, (12 Barb. 492,) I had occasion to examine the principles upon which courts had acted in granting new trials on the ground of excessive damages, and to refer to the leading precedents on that subject. The rule which I there deduced, as the result of my examination, and in which my brethren concurred, was, that when the damages found by the jury are either so large or so small as to force upon the mind of every man familiar with the circumstances of the case, the conviction that, by some means, the jury have…
2Cases cited3 opinions
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Hegeman v. Western RailroadNew York Supreme Court · 1853
- Holbrook v. Utica & Schenectady RailroadNew York Supreme Court · 1852
3Cited by18 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Houston & Great Northern Railroad v. RandallTexas Supreme Court · 1878
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Craig v. CookSupreme Court of Minnesota · 1881
- Unfried v. Balt. & O. R'd Co.West Virginia Supreme Court · 1890
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