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Colbourn v. the New York Central Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 1, 1925
214 App. Div. 807 (N.Y. App. Div. 1925)

Opinion

June, 1925.

Appeal from Supreme Court, Onondaga County.

Present — Hubbs, P.J., Clark, Davis, Sears and Crouch, JJ.


The learned trial justice granted defendant's motion for a new trial on the ground that the verdict is excessive. The record discloses that the plaintiff received a serious injury. Giving full effect to plaintiff's proof, the verdict might be said to be warranted. The trial justice, however, saw and heard the witnesses including the plaintiff himself and we feel under the circumstances of this case disinclined to interfere with the discretion with which the trial justice is vested. ( Boos v. Field, 192 App. Div. 696.) Order affirmed, with costs. All concur.


Summaries of

Colbourn v. the New York Central Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 1, 1925
214 App. Div. 807 (N.Y. App. Div. 1925)
Case details for

Colbourn v. the New York Central Railroad Company

Case Details

Full title:SIDNEY E. COLBOURN, Appellant, v. THE NEW YORK CENTRAL RAILROAD COMPANY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 1, 1925

Citations

214 App. Div. 807 (N.Y. App. Div. 1925)

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