Magnus v. Buffalo Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Magnus, from so much of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of October, 1897, as grants the defendant’s motion for leave to move at a Special Term for a new trial upon a case containing, exceptions, upon all the grounds enumerated in section 999 of the Code of Civil Procedure.
1Per curiam
The situation in this case as revealed by the record is, to say the least, a somewhat remarkable one. It appears that upon the trial of the action, which was brought to recover damages for personal injuries, the plaintiff obtained a verdict for $14,550.
This verdict was subsequently set aside by the trial justice upon the ground that the recovery was excessive, and from the order *450vacating the verdict an appeal was taken to this court. In the meantime it was discovered that the plaintiff’s principal witness had committed perjury upon-the trial, and he was thereupon indicted, convicted and…
2Cases cited2 opinions
- Wood v. BakerNew York Supreme Court · 1891
- Griffin v. . HelmboldNew York Court of Appeals · 1878
3Cited by3 opinions
- Stern v. Wabash RailroadNew York Supreme Court · 1906
- Hummel v. L. S. Fischl's Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1916
- O'Connor v. HealeyNew York Supreme Court · 1916