Tuxedo Automobile Station v. Lyman

Appellate Terms of the Supreme Court of New York

Tuxedo Automobile Station v. Lyman

88 N.Y.S. 1008

Appellate Terms of the Supreme Court of New York·Decided June 23, 1904·Published

Opinion

MacLEAN, J.

It is difficult to divine just the way by which the jury arrived at a reduction to a round sum of $100 of the amount claimed, $398.18, for supplies furnished for and work done upon the defendant’s automobile, inasmuch as, excepting as to two, aggregating $76, no evidence was given of any diminution of the value put upon any of the items, ór contradiction offered that the supplies were furnished or the work done. It is difficult to avoid the conclusion either that the verdict was the result of a compromise or that the jury misunderstood and disregarded the testimony. In either case justice would be better served by ordering a new trial.

Judgment reversed and new trial ordered, with costs to appellant to abide the event. All concur.

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MacLEAN, J.

It is difficult to divine just the way by which the jury arrived at a reduction to a round sum of $100 of the amount claimed, $398.18, for supplies furnished for and work done upon the defendant’s automobile, inasmuch as, excepting as to two, aggregating $76, no evidence was given of any diminution of the value put upon any of the items, ór contradiction offered that the supplies were furnished or the work done. It is difficult to avoid the conclusion either that the verdict was the result of a compromise or that the jury misunderstood and disregarded the testimony. In either case justice would be better served by ordering a new trial.

Judgment reversed and new trial ordered, with costs to appellant to abide the event. All concur.

Tuxedo Automobile Station v. Lyman, 88 N.Y.S. 1008 (N.Y. Ct. App. 1904).

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