Lees v. New York Consolidated Railroad

The defendant moves to set aside verdict in favor of plaintiff on the general ground that it is excessive. It is-also urged that the trial court erred in excluding evidence of plaintiff’s remarriage. Upon the trial it appeared that plaintiff, the husband of the decedent, had remarried prior to the trial, and the court charged that said remarriage could not be considered by the jury in reduction or mitigation of damage. Was such charge error?

Plaintiff’s right of adtion is authorized by section 1902 of the Code of Civil Procedure; section 1903 provides for the distribution of damages recovered…