Hyperlawhypertext legal database Sofield v. Jacob 108 N.Y.S. 1042

← Cases

Sofield v. Jacob

108 N.Y.S. 1042 Court N.Y. App. Div. Decision date 1908-03-23 English

Contents

Majority

p. 1042
SOFIELD v. JACOB et al.
(Supreme Court, Appellate Division, Third Department.
March 23, 1908.)

Headnote

Appeal from Trial Term.
Action by Margaret J. Sofield, an infant, by Louise Sofield, her guardian ad litem, against Hyman Jacob and others. Judgment for plaintiff, and defendants appeal. Reversed, and new trial granted.
Argued before SMITH, P. J., and CHESTER, KELLOGG, COCH-RANE, and SEWELL, JJ.
Strasbourger, Weil, Eschwege & Shallek (John P. Roosa, of counsel), for appellants.
John D. Lyons, for respondent.

The evidence in this case does not justify exemplary damages. The damages awarded are excessive. The judgment and order is therefore reversed, and a new trial granted, with costs to the appellant to abide the event.