Arthur J. Judge, by John J. Kersey, His Guardian ad Litem, Respondent, v. Interurban Street Railway Company, Appellant

Arthur J. Judge, by John J. Kersey, His Guardian ad Litem, Respondent, v. Interurban Street Railway Company, Appellant. Appeal — action, of trial court in setting aside verdict because of inadequacy of damages found sustained on appeal. Appeal by the defendant from an order of the Supreme Court, entered in the clerk’s office of the county of New York on the 12th day of May, 1905, setting aside a verdict in favor of plaintiff on the ground of inadequacy of damages. [MAJORITY — Per Curiam:] Per Curiam: The jury rendered a verdict in favor of plaintiff for fifty dollars damages. The trial court set it aside as inadequate and granted a new trial. Plaintiff’s, injuries were not serious, but were somewhat substantial. Had the. trial court refused to set the verdict aside it is not certain that on appeal we would have disturbed such determination. On the other hand, the trial court Laving set it aside, we do not feel that we should interfere with the disposition so made. The order: should,' therefore, be affirmed, with costs, Present.r^O’Brien, P. J.; Patterson, McLaughlin, Laughlin and Houghton, JJ( Order affirmed, with costs. Order filed. " -