Guntzer v. Yonkers Railroad

Appellate Division of the Supreme Court of New York

Guntzer v. Yonkers Railroad

59 N.Y.S. 1105

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 27, 1899

StatusPublished

This text of 59 N.Y.S. 1105 (Guntzer v. Yonkers 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.

Bluebook

Guntzer v. Yonkers Railroad, 59 N.Y.S. 1105 (N.Y. Ct. App. 1899).

Pincite

Opinion

PER CURIAM.

We think the long-established practice requires that when a new trial is ■ granted for an error of the jury on a question of fact, or for excessive or inadequate damages, the costs and disbursements of the trial should be imposed as a condition of the relief granted. There is nothing shown in this case to take it without the general rule. The order appealed from should be modified, so as to require, as a condition of the new trial granted by it, that the plaintiff pay to the defendant, within 20 days, the trial fee and the disbursements of the trial.

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PER CURIAM.

We think the long-established practice requires that when a new trial is ■ granted for an error of the jury on a question of fact, or for excessive or inadequate damages, the costs and disbursements of the trial should be imposed as a condition of the relief granted. There is nothing shown in this case to take it without the general rule. The order appealed from should be modified, so as to require, as a condition of the new trial granted by it, that the plaintiff pay to the defendant, within 20 days, the trial fee and the disbursements of the trial.

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Bluebook (online)

59 N.Y.S. 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guntzer-v-yonkers-railroad-nyappdiv-1899.