Brown v. Foster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John S. Foster, from an order of the Supreme Court, made at the New York Circuit and entered in the office of the clerk of the county of New York on the ,29th day of April, 1895, setting aside a verdict and granting a new trial in the action on the ground that the verdict was for insufficient damages, and also from an order entered in said clerk’s office on the 6th day •of May, 1895, denying the defendant’s motion for a resettlement of .said order.
1Opinion of the Court
Rumsey, J.:
The motion was granted upon the ground that the damages were insufficient. The jury, when they rendered a verdict for the plaintiff, resolved in her favor all the questions of fact on the merits, and it was then their duty to give her such a verdict as would compen.sate her for -the injuries she had received. There is no doubt that these injuries, while they were not, perhaps, permanent, were grave. The rule in such a case is that where the jury conclude that the plaintiff is entitled to recover, they must, in assessing the damages to be awarded, consider all the heads of damage in…
2Cited by17 opinions
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- Littlefield v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1903
- Helgers v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Rothenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
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