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Yenne v. Folsom

16 N.Y. St. Rep. 1021 Court N.Y.C.P. Decision date 1888-05-18 English

Contents

Majority

p. 1021
LOUIS YENNE, Resp’t, v. SAMUEL D. FOLSOM, App’lt.

Headnote

Damages—Measure of.
George H. Foster, for app’lt; E. Arnstein, for resp’t.

We are of the opinion that the jury has erred in its judgment in deciding the amount of damages to be awarded to the plaintiff. The damages are clearly excessive.

We have, therefore, concluded to make a conditional order reversing the judgment and granting a new trial, unless the plaintiff will consent to reduce the damages to the sum of seven hundred and fifty dollars, and affirming it for that amount if the plaintiff shall consent to such reduction.