Grinnell v. Weston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Weston, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York-on the 27th day of January, 1904, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 22d day of December, '1903, denying the defendant’s motion for a new trial made upon the minutes.
1ConcurrenceLaughlin, J.
I do not agree with the rule governing the award of exemplary damages as laid down in the prevailing opinion, yet I think' a new trial should be granted upon the ground that the verdict is excessive and that the jury were not fully instructed with reference to their *467duties in determining the amount of the award of vindictive damages. I understand that to warrant the award of exemplary-damages which, as the term implies, are intended not as a compensation to the plaintiff but as a punishment to the defendant and a warning to him and others against the repetition of such conduct in the future,…
2Cases cited4 opinions
- Warner v. Press Publishing Co.New York Court of Appeals · 1892
- Smith v. . MatthewsNew York Court of Appeals · 1897
- Young v. FoxAppellate Division of the Supreme Court of the State of New York · 1898
- Grant v. Herald Co.Appellate Division of the Supreme Court of the State of New York · 1899