Lewin v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the. Lehigh Valley Eailroad Company, from an order of the Supreme Court, made at the Monroe' Trial Term and entered in the office of the clerk of the county of Monroe on the 24th day of September, 1901,. denying the defendant’s motion to set aside the verdict of a jury rendered on an assessment of damages in the action, and for a new assessment. This action was brought to recover damages for injuries caused by the defendant.
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Appeal by the defendant, the. Lehigh Valley Eailroad Company, from an order of the Supreme Court, made at the Monroe' Trial Term and entered in the office of the clerk of the county of Monroe on the 24th day of September, 1901,. denying the defendant’s motion to set aside the verdict of a jury rendered on an assessment of damages in the action, and for a new assessment. This action was brought to recover damages for injuries caused by the defendant. A verdict was directed in favor of the defendant at the close of all the evidence and the plaintiff’s exceptions were ordered heard in the first…
1Opinion of the Court
Spring, J.:
There is no special Code provision for reviewing the assessment of damages made by a jury in cases of this kind. That a motion may be made to set aside- the inquest, was settled in Bossout v. R., *411W. & O. R. R. Co. (131 N. Y. 37), but the mode of procedure was not outlined. In Yaw v. Whitmore (66 App. Div. 318) the practice suggested, after an extended discussion of the whole matter, was like that adopted in this case.
The hearing before the jury was not a trial in the ordinary acceptation of that term. It was not until very recently by an amendment to section 3251 of the Code of…
2Cases cited5 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
- Geoghegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Bassett v. . FrenchNew York Court of Appeals · 1898
- Ackman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Eichholz v. Niagara Falls Hydraulic Power & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Wood v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905