Swanton v. King
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Richmond county. Action for death by Delia Swanton, administratrix, against J. Berre King and another. From a judgment in favor of plaintiff, she appeals.
1Opinion of the CourtJenks, J.
The jury found the damages to be $600. We are asked to send this case to another jury because the damages are inadequate. Courts rarely interfere with the verdicts of juries in such cases. Johnson v. Railroad Co., 80 Hun, 306, 30 N. Y. Supp. 318, affirmed in 144 N. Y. 719, 39 N. E. 857. The appellant cannot invoke any well-defined rule, but must depend mainly upon the circumstances of this particular case. If we are convinced that a verdict is irreconcilable with justice or with common sense, or was reached in palpable disregard of the elements of damage which the jury was bound to consider,…
2Cases cited6 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Johnson v. Long Island R.New York Supreme Court · 1894
- Morris v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Keenan v. . B.C.R.R. Co.New York Court of Appeals · 1895
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