Colbourn v. New York Central Railroad
This text of 214 A.D. 807 (Colbourn v. New York Central Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The learned trial justice granted defendant’s motion for a new trial on the ground that the verdict is excessive. The record discloses that the plaintiff received a serious injury. Giving full effect to plaintiff’s proof, the verdict might be said to be warranted. The trial justice, however, saw and heard the witnesses including the plaintiff himself and we feel under the circumstances of this case disinclined to interfere with the discretion with which the trial justice is vested. (Boos v. Field, 192 App. Div. 696.) Order affirmed, with costs. All concur. Present — Hubbs, P. J., Clark, Davis, Sears and Crouch, JJ.
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214 A.D. 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colbourn-v-new-york-central-railroad-nyappdiv-1925.