Fitch v. Broadway & Seventh Avenue Railroad

The Superior Court of New York City

Fitch v. Broadway & Seventh Avenue Railroad

26 Jones & S. 575, 32 N.Y. St. Rep. 376

CourtThe Superior Court of New York City

DecidedJune 27, 1890

StatusPublished

This text of 26 Jones & S. 575 (Fitch v. Broadway & Seventh Avenue Railroad) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitch v. Broadway & Seventh Avenue Railroad, 26 Jones & S. 575, 32 N.Y. St. Rep. 376 (N.Y. Super. Ct. 1890).

Pincite

Opinion

By the Cotjet.—Fbeedman, J., (Ingeaham, J., concurring).

The only point presented-by the appellant is that upon the whole case the judgment should be reversed because the damages awarded by the jury were excessive. The action is for personal injuries. I have examined the evidence with care and I fail to see how, considering the nature of the injuries and the amount of pain and suffering endured by the plaintiff, the verdict which is for $7,000, can be held to be excessive. Cases are to be found in large numbers in which larger recoveries have been sustained for similar injuries.

The judgment and order should be affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Cotjet.—Fbeedman, J., (Ingeaham, J., concurring).

The only point presented-by the appellant is that upon the whole case the judgment should be reversed because the damages awarded by the jury were excessive. The action is for personal injuries. I have examined the evidence with care and I fail to see how, considering the nature of the injuries and the amount of pain and suffering endured by the plaintiff, the verdict which is for $7,000, can be held to be excessive. Cases are to be found in large numbers in which larger recoveries have been sustained for similar injuries.

The judgment and order should be affirmed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

26 Jones & S. 575, 32 N.Y. St. Rep. 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitch-v-broadway-seventh-avenue-railroad-nysuperctnyc-1890.