Schink v. Kessler

Supreme Court of New Jersey

Schink v. Kessler

150 A. 926, 8 N.J. Misc. 371, 1930 N.J. Sup. Ct. LEXIS 226

DecidedMay 6, 1930

StatusPublished

This text of 150 A. 926 (Schink v. Kessler) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schink v. Kessler, 150 A. 926, 8 N.J. Misc. 371, 1930 N.J. Sup. Ct. LEXIS 226 (N.J. 1930).

Pincite

Opinion

Per Curiam.

The sole ground for setting aside this verdict of $500 in favor of the infant plaintiff, is that it is inadequate. Erom the proofs we are convinced that this is so. Defendant, amongst other grounds, insists that the verdict should not be disturbed because there is-great doubt, from the proofs, of any negligence making the defendants liable. This does not appear to us to be so and the argument fails in strength because it does not appear that the defendants have put forward any such contention by rule for new trial or otherwise.

The rule is made absolute, with costs, and a venire de novo is awarded as to the question of damages of the infant, Eleanor S chink, only.

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Per Curiam.

The sole ground for setting aside this verdict of $500 in favor of the infant plaintiff, is that it is inadequate. Erom the proofs we are convinced that this is so. Defendant, amongst other grounds, insists that the verdict should not be disturbed because there is-great doubt, from the proofs, of any negligence making the defendants liable. This does not appear to us to be so and the argument fails in strength because it does not appear that the defendants have put forward any such contention by rule for new trial or otherwise.

The rule is made absolute, with costs, and a venire de novo is awarded as to the question of damages of the infant, Eleanor S chink, only.

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Bluebook (online)

150 A. 926, 8 N.J. Misc. 371, 1930 N.J. Sup. Ct. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schink-v-kessler-nj-1930.