Coppins v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from a judgment entered in Onondaga county, and from an order at the Circuit in that county, denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The verdict was for $13,500. One of the grounds named in the motion for a new trial was, that the damages found by the jury were excessive.
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Appeal from a judgment entered in Onondaga county, and from an order at the Circuit in that county, denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The verdict was for $13,500. One of the grounds named in the motion for a new trial was, that the damages found by the jury were excessive. A former appeal was before this General Term in January, 1887, from a judgment on a verdict of $15,000. In considering that appeal it had no occasion to consider the question now made as to the extent of the damages. (Goppvns v. BE. Y. O. & JET. B. B. B..…
1Concurrence
Hardin, P. J.:
While I concur in the opinion of brother Follett that the exceptions taken upon the trial present no error calling for a reversal of the judgment, I am not satisfied that the learned judge at Circuit, in refusing a new trial, properly disposed of the question made in resj>ect to the extent of the damages. The injuries received by the plaintiff were to his leg below the knee. The leg was saved; the healing thereof took place within the |>eriod of five months; the limb is a trifle shorter than the other. The plaintiff is able to walk without a cane or crutch, and prior to the…
2Cases cited3 opinions
- Walker v. Erie Railway Co.New York Supreme Court · 1872
- Murray v. Hudson River RailroadNew York Supreme Court · 1866
- Rockwell v. Third Avenue RailroadNew York Supreme Court · 1873