Wunch v. . Shankland

New York Court of Appeals

Wunch v. . Shankland

62 N.E. 1100, 170 N.Y. 573, 1902 N.Y. LEXIS 1112

DecidedFebruary 18, 1902

StatusPublished

This text of 62 N.E. 1100 (Wunch v. . Shankland) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wunch v. . Shankland, 62 N.E. 1100, 170 N.Y. 573, 1902 N.Y. LEXIS 1112 (N.Y. 1902).

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Opinion

If a verdict had been directed for an amount certain the appellant would have been correct in his claim that the reversal by the Appellate Division presented merely a question of law; but the damages were unliquidated and their amount submitted to the jury for determination, and the motion for a new trial raised a question of fact as to the amount of the damages, which was necessarily presented to the Appellate Division to pass upon. That court has reversed both on the facts and the law, and the motion to dismiss the appeal is granted, with costs, and ten dollars costs of motion.

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If a verdict had been directed for an amount certain the appellant would have been correct in his claim that the reversal by the Appellate Division presented merely a question of law; but the damages were unliquidated and their amount submitted to the jury for determination, and the motion for a new trial raised a question of fact as to the amount of the damages, which was necessarily presented to the Appellate Division to pass upon. That court has reversed both on the facts and the law, and the motion to dismiss the appeal is granted, with costs, and ten dollars costs of motion.

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Bluebook (online)

62 N.E. 1100, 170 N.Y. 573, 1902 N.Y. LEXIS 1112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wunch-v-shankland-ny-1902.