Smith v. Dittman
New York Court of Common Pleas
Appeal from trial term. Action by Isabelle Smith against Semon Dittman and Henry Strahlheim for personal injuries to plaintiff by the negligence of defendants. The jury found a verdict for plaintiff for $1,000. Plaintiff moved for a new trial for inadequacy of damages, and on other grounds. The motion was denied, and plaintiff appeals from the judgment and the order denying her motion for a new trial.
1Opinion of the CourtPryor, J.
Tnc appeal is by plaintiff from a judgment on a verdict in her favor, and from an order denying a motion for a new trial. The motion was made on the minutes, and “upon the ground that the verdict is for insufficient damages, and because the verdict is contrary to the law and to the evidence.” I am of opinion that the verdict under review involves a miscarriage of justice which it is the duty of the court to correct. The action is for an injury to the person of the plaintiff, inflicted by the negligence of the defendants. The verdict in plaintiff’s favor is conclusive of the liability of the…
2Cases cited4 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Roche v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1887
- Platz v. City of CohoesNew York Supreme Court · 1880
3Cited by8 opinions
- Ford v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1906
- Davis v. WhitmoreArizona Supreme Court · 1934
- Schuler v. Third Avenue RailroadNew York Court of Common Pleas · 1892
- Sayer v. LeeSouth Dakota Supreme Court · 1918
- Avery v. PetersonSouth Dakota Supreme Court · 1917
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