Guntzer v. Yonkers Railroad

Appellate Division of the Supreme Court of New York

Guntzer v. Yonkers Railroad

59 N.Y.S. 1105

Appellate Division of the Supreme Court of the State of New York·Decided June 27, 1899·Published

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.

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

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59 N.Y.S. 1105 (Guntzer v. Yonkers Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.