Osterheld v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Star Oompany, from á judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 19th day of December, 1910, upon' the verdict of a jury for $25,000; also from an order entered in said clerk’s office on the 19th day of December, 1910, denying the defendant’s motion, for a new trial made upon the. minutes, and also from an order entered on the 13th day of January, 1909, striking out'…
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Appeal by the defendant, the Star Oompany, from á judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 19th day of December, 1910, upon' the verdict of a jury for $25,000; also from an order entered in said clerk’s office on the 19th day of December, 1910, denying the defendant’s motion, for a new trial made upon the. minutes, and also from an order entered on the 13th day of January, 1909, striking out' certain portions of defendant’s amended answer as irrelevant and scandalous.
1Opinion of the Court
Woodward, J.:
■ The verdict for $25,000 damages in the plaintiff’s favor is so excessive that, in our opinion, the judgment should be reversed and a new trial ordered.
It is within the province of this court to reduce the recovery, but there has been such apparent confusion, as it seems to us, in the minds of counsel and in the rulings of the court upon certain questions involved in this case that we believe the ends of justice will be promoted by a new trial, and it will not be amiss at this time to discuss some of the questions raised, for the guidance of counsel and court on such a retrial…
2Cases cited15 opinions
- White v. MurtlandIllinois Supreme Court · 1874
- Gressman v. . Morning Journal Assn.New York Court of Appeals · 1910
- Young v. . JohnsonNew York Court of Appeals · 1890
- Ford v. JonesNew York Supreme Court · 1871
- Witcher v. JonesNew York Court of Common Pleas · 1892
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3Cited by12 opinions
- Reynolds v. PeglerDistrict Court, S.D. New York · 1954
- Manzo v. Westchester Rockland Newspapers, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- MacFadden's Publications, Inc. v. HardyCourt of Appeals of Texas · 1936
- Kehoe v. New York Tribune, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Walmsley v. KopczynskiAppellate Division of the Supreme Court of the State of New York · 1922
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