Tuthill v. Hudson & Manhattan Railroad

Supreme Court of New Jersey

Tuthill v. Hudson & Manhattan Railroad

158 A. 342, 10 N.J. Misc. 219, 1932 N.J. Sup. Ct. LEXIS 290

DecidedFebruary 1, 1932

StatusPublished

This text of 158 A. 342 (Tuthill v. Hudson & Manhattan Railroad) 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

Tuthill v. Hudson & Manhattan Railroad, 158 A. 342, 10 N.J. Misc. 219, 1932 N.J. Sup. Ct. LEXIS 290 (N.J. 1932).

Pincite

Opinion

Ackeeson, C. C. J.

This is a rale to show cause why the verdict of $7,500 for the plaintiff should not be set aside .and a new trial granted for the following reasons:

“1. The verdict is excessive. 2. In accordance with the weight of the evidence the verdict is excessive.”

After carefully reading the transcript of the testimony, while the case is still fresh in my mind, I have reached the ■conclusion that the weight of the evidence will not justify a verdict in excess of $3,750. If the plaintiff will consent, before February 15th, 1932, to a reduction of the verdict to $3,750, it may stand for that amount. Otherwise the rule to show cause will be made absolute and a new trial ordered ■as to damages only.

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Ackeeson, C. C. J.

This is a rale to show cause why the verdict of $7,500 for the plaintiff should not be set aside .and a new trial granted for the following reasons:

“1. The verdict is excessive. 2. In accordance with the weight of the evidence the verdict is excessive.”

After carefully reading the transcript of the testimony, while the case is still fresh in my mind, I have reached the ■conclusion that the weight of the evidence will not justify a verdict in excess of $3,750. If the plaintiff will consent, before February 15th, 1932, to a reduction of the verdict to $3,750, it may stand for that amount. Otherwise the rule to show cause will be made absolute and a new trial ordered ■as to damages only.

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Bluebook (online)

158 A. 342, 10 N.J. Misc. 219, 1932 N.J. Sup. Ct. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuthill-v-hudson-manhattan-railroad-nj-1932.