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Riegelman v. Brunnings

36 A.D. 351 Court N.Y. App. Div. English

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p. 351
Laura. M. Riegelman, Respondent, v. Herman Brunnings, Appellant.

Headnote

New trial because of the inadequacy of a verdict — granted only on condition that plaintiff pa/y the costs and disbursements, including stenographer's fees.
Where the court sets aside the verdict of a jury in favor of the plaintiff, upon the ground of its inadequacy, and grants a new trial, it should impose as a condition, the payment of costs and such disbursements as the defendant, in protecting his rights, has been required to pay, including a copy of the stenographer’s minutes, ,
Appeal by the defendant, Herman Brunnings, from an order of the Supreme Court, made at the Kings County Special Term and entered in the pffice of the clerk of the county of Kings on the 13th day of July, 1898, setting aside the verdict of the jury in favor of ■the plaintiff for the sum of $150, upon the ground of its inadequacy, and granting a new trial.
The action was brought to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of tile defendant. '
George W. Sehurman, for the appellant.
James W. Ridgway, for the respondent.

We are satisfied from an examination of this case that the court was authorized to take the view of the evidence which it has, and grant the order appealed from. (O'Shea v. McLear, 15 Civ. Proc. Rep. 69.) The court should, however, have imposed as a condition ■the payment of costs and such disbursements as the defendant in protecting his rights has been required to pay.- This will include a copy of the stenographer’s minutes.

- ■ The order should be modified by directing the payment of the costs and disbursements by the plaintiff, and as modified it should be affirmed, without costs’to either party in this court.

AH concurred,

.. Order modified so as to impose as a condition of the new trial the payment by respondent of the costs and disbursements of the trial Had, and as modified affirmed, without costs of this appeal to eithei party,.