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Faubel v. Draper

279 A.D. 667 Court N.Y. App. Div. Decision date 1951-11-19 English

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p. 667
Sherwood Faubel, Respondent, v. William H. Draper, Jr., as Trustee of Long Island Rail Road Company, Appellant.

The original verdict must have been the result of “ passion, prejudice or a wrong conception of the evidence ” in view of the trial judge finding it necessary to make so great a cut in the

p. 668
verdict to the sum of $100,000. Consequently in the interest of justice there should be a new trial before another jury. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.