Scott v. Sun Printing & Publishing Ass'n
New York Supreme Court
Appeal from circuit court. Action by S. Walter Scott against the Sun Printing and Publishing Association. From an order setting aside a verdict as excessive, and granting a new trial, unless, within 30 days after the service of the order, plaintiff stipulated to reduce the verdict to the sum of $4,000, plaintiff appeals.
1Opinion of the CourtMayham, P. J.
The only question that can be properly considered on this appeal is as to whether this verdict should be set aside or modified as excessive. That seems to be conceded by counsel on both sides, and is the logical result of the order appealed from. If the learned judge had felt called upon to interfere with the verdict for errors and exceptions on the trial, he would have *691set aside the verdict in toto, as he would have had an undoubted right to do for such errors. . Allowing the verdict to stand, reduced in amount, is equivalent to holding that the plaintiff is entitled, upon the case proved,…
2Cases cited9 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Coleman v. SouthwickNew York Supreme Court · 1812
- Root v. King & VerplanckNew York Supreme Court · 1827
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- M'Connell v. HamptonNew York Supreme Court · 1815
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3Cited by8 opinions
- Cross v. City of ElmiraNew York Supreme Court · 1895
- Lanphere v. ClarkNew York Supreme Court · 1894
- Rawson v. LeggettAppellate Division of the Supreme Court of the State of New York · 1904
- Krug v. PitassAppellate Division of the Supreme Court of the State of New York · 1897
- Peterson v. EighmieNew York Supreme Court · 1916
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