Sourwine v. Truscott

Order denying new trial reversed, and new trial ordered in the Erie County Court, costs to abide event. Held, that the County Court on adjudging the damages to be excessive' could only order a new trial; it had no power to order judgment for a reduced sum, the damages being unliquidated, and the jury being the only tribunal by whom the amount of the damages could be fixed. ( 18 N. Y., 522 ; 38 id., 178 ; 69 id., 468 ; 17 Hun, 338 .)