Lovatt v. Watson — 54 N.Y. Super. Ct. 506

Majority

p. 506

GALEN W. LOVATT, Appellant, v. ELLEN F. WATSON et al., Respondents.

Headnote

Inquest—Insufficiency of damages assessed thereon—Remedy for by motion for new trial at Special Term.

Before O’Gorman and Ingraham, JJ.

Decided November 8, 1886.

Appeal from order made May 21, 1886, by judge at trial term, vacating an inquest taken before him May 10, 1886, and reinstating the inquest, and denying plaintiff’s motion for a trial of the issues before the court and a jury.

The Court at General Term, said:—“ On examination of the affidavit presented we do not find that the learned judge exceeded his powers, or committed any error which this court is called on to correct. If, however, as is stated in the affidavit, the proof presented at the inquest

p. 507

was sufficient to justify and require an assessment of damages amounting to not less than $5,800, instead of $300, the amount for which the damages were actually assessed, then the plaintiff would have been entitled to a new trial on motion at Special Term, and this remedy, we think, remains still open to him.”

E. P. Wilder, for appellant.

Olcott, Mestre & Gonzalez and A. B. Conger, for respondents.

Opinion by O’Gorman, J.; Ingraham, J., concurred.

Appeal dismissed, with costs and disbursements.