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Smith v. Justice

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1916
172 App. Div. 930 (N.Y. App. Div. 1916)

Opinion

January, 1916.


We are not satisfied that the verdict rendered by the jury is the result of a dispassionate consideration of the evidence. The learned trial judge himself was not satisfied with the verdict, since he reduced it by more than one-half. Ordinarily we would award a new trial absolutely in this and the companion case; but if the plaintiff so desires, that may be avoided by his consent to a reduction of the verdict to the sum of $500. All concurred. Judgment and order reversed and new trial granted, with costs to appellant to abide event, unless the plaintiff shall within twenty days stipulate to reduce the verdict to the sum of $500 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and as so modified is, together with the order, affirmed, without costs of this appeal to either party.


Summaries of

Smith v. Justice

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1916
172 App. Div. 930 (N.Y. App. Div. 1916)
Case details for

Smith v. Justice

Case Details

Full title:JOHN W. SMITH, Respondent, v . ROBERT R. JUSTICE, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 1, 1916

Citations

172 App. Div. 930 (N.Y. App. Div. 1916)