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6 N.Y. St. Rep. 867

Barnes v. O'Leary

New York Court of Appeals

Decided February 15, 1887

New York Court of Appeals · decided 1887-02-15

<p>Appeal from a judgment entered on a verdict in favor of plaintiff.</p>

Decided 1887-02-15

Pratt, J.

¶1The law of the case was correctly laid down at circuit, and under the charge the jury must have found that the defendant carried on his work negligently. If that were so, the jury took a moderate and conservative view of the damages. Most of the witnesses estimated the damages at upwards of $1,500, while the verdict is for $300.

¶2We cannot say there was no evidence of negligence on the part of defendant; nor that the verdict is so much against the weight of evidence as to require the interference of the court. While the jury might well have found in favor of defendant on the question of negligence, it is not within the province of the court to interfere with the verdict

¶3. No exceptions require discussion, and the judgment should be affirmed, with costs.

¶4Barnard, P. J., and Dykman, J., concur.

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