Hohner v. Interurban Steet Railway Co.

Appellate Terms of the Supreme Court of New York

Hohner v. Interurban Steet Railway Co.

95 N.Y.S. 1136

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 3, 1905

StatusPublished

This text of 95 N.Y.S. 1136 (Hohner v. Interurban Steet Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hohner v. Interurban Steet Railway Co., 95 N.Y.S. 1136 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

We see no merit in the appeal, except in so far as it is claimed that the damages are excessive and that there should have been no extra allowance. The damages were clearly excessive. In our opinion $750 would have been a liberal verdict under the circumstances. The case was not a proper one for an extra allowance. The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event, unless plaintiff will stipulate to reduce the judgment to $855.08, in which event the judgment, as reduced, will be' affirmed, without costs.

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PER CURIAM.

We see no merit in the appeal, except in so far as it is claimed that the damages are excessive and that there should have been no extra allowance. The damages were clearly excessive. In our opinion $750 would have been a liberal verdict under the circumstances. The case was not a proper one for an extra allowance. The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event, unless plaintiff will stipulate to reduce the judgment to $855.08, in which event the judgment, as reduced, will be' affirmed, without costs.

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Bluebook (online)

95 N.Y.S. 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hohner-v-interurban-steet-railway-co-nyappterm-1905.