Snyder v. Bopp

Judgment affirmed, with costs. The unusual practice of the trial court has the sanction of authority. (Blackley v. Sheldon, 7 Johns. 32, cited with approval in Warner v. New York Central R. R. Co., 52 N. Y. 437, 440, and in Porret v. City of New York, 252 id. 208, 211.) It is a power, however, which should be sparingly exercised. It lends itself too readily to abuse and in particular instances may be deemed to accomplish an improper coercion of the jury. The better practice, in a proper case, is to set aside a verdict without conditions, or with conditions attached to be accepted on…