Biggs v. Schultz

Decided December 14, 1886

New York Supreme Court · decided 1886-12-14

Tbe eviden ce disclosed tbe following facts: In July, 1885, tbe defendant, The Knickerbocker Steamboat Company, was the lessee, under a lease from James S. Remsen and Margaret Wainwright, of a dock at Rockaway Beach, at which its steamboats landed their passengers; and bad an exclusive right to tbe whole of said dock, except so much of it as was occupied by a restaurant or chowder-house, situated near tbe centre of tbe dock.

Decided 1886-12-14

Dykman J.

¶1This is an action for false imprisonment, and *58the jury rendered a verdict for the plaintiff for one thousand dollars. The defendants have appealed and seek a reversal of the judgment, solely because the verdict was excessive.

¶2The cause of action was fully disclosed on the trial and the jury was instructed upon the question of damages, and there was neither misapprehension nor mistake.

¶3Although the verdict may be larger than we would make it, yet we cannot say it was excessive. We cannot say that its size shows, or evinces passion or prejudice, and so we cannot tear it down.

¶4The judgment and order denying the motion for new trial should be affirmed with costs.

Barnard P. J. and Pratt, J., concur.