General
Minnie Cavanaugh and Frank A. Dahl, as Administrators with the Will Annexed of the Goods, Chattels and Credits Left Unadministered of Clara G. Peterson, Deceased, Appellants, v. Joseph Feldman, Respondent
240 A.D. 908·New York Supreme Court, Appellate Division·1933·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Minnie Cavanaugh and Frank A. Dahl, as Administrators with the Will Annexed of the Goods, Chattels and Credits Left Unadministered of Clara G. Peterson, Deceased, Appellants, v. Joseph Feldman, Respondent.
[MAJORITY]
Judgment and order reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event, for error in the refusal to charge the requests at folios 401 and 404; and upon the further ground that the verdict, in our opinion, was inadequate as matter of fact. We deem it proper to say that the verdict of a jury in a death case is to be treated no differently than a verdict in the case of a living person. If a verdict in a death case is plainly inadequate or excessive, it is the duty of the courts to correct it. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.