The jury rendered a verdict in favor of plaintiff for $50 damages. The trial court set it aside as inadequate and granted a new trial. Plaintiff’s injuries were not serious, but were somewhat substantial. Had the trial court refused to set the verdict aside, it is not certain that on appeal we would have disturbed such determination. On the other h'and, the trial court having set it aside, we do not feel that we should interfere with the disposith so made. The order should therefore affirmed, with costs.
97 N.Y.S. 1138
JUDGE, Respondent, v. INTERURBAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Division, First Department.
March 9, 1906.)
Appeal from Special Term, New York County. Action by Arthur J. Judge by John Keresey, as guardian ad litem, against the Interurban Street Railway Company. From an order setting aside a verdict in favor of plaintiff on the ground of inadequacy of damages, defendant appeals.
Affirmed.
Bayard H. Ames, for appellant.
John J. Sullivan, for respondent.
Judge v. Interurban St. Ry. Co.
97 N.Y.S. 1138
Case Details
97 N.Y.S. 1138
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