Anderson v. Mittuch

Supreme Court of New Jersey

Anderson v. Mittuch

138 A. 694, 5 N.J. Misc. 928, 1927 N.J. Sup. Ct. LEXIS 89

DecidedOctober 4, 1927

StatusPublished

This text of 138 A. 694 (Anderson v. Mittuch) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson v. Mittuch, 138 A. 694, 5 N.J. Misc. 928, 1927 N.J. Sup. Ct. LEXIS 89 (N.J. 1927).

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Opinion

Per Curiam.

The sole ground urged for a new trial in these two cases is that the damages are excessive.

The award to William H. Anderson for damages per quod is not questioned.

[929]*929His wife had a verdict of $2,800 for two broken ribs, which healed in due course, and for nervous shock. Without going into further detail, we conclude that this verdict is excessive and should not have been over $2,000. If the plaintiff concerned will consent to a reduction of the verdict to the latter amount the rule will he discharged, otherwise it will he made absolute.

The plaintiff, Boggs, had a verdict of $3,000. His arm was dislocated at the elbow, involving serious injury directly to the ulnar nerve involving material loss of function. It was the left arm, hut was used in typewriting and in driving a car. As he is a business man and travels much the loss of function is important. Taking all this in connection with pain and suffering, &c., we are unable to say that the verdict as to Boggs is excessive; so that in this aspect the rule will be discharged.

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Per Curiam.

The sole ground urged for a new trial in these two cases is that the damages are excessive.

The award to William H. Anderson for damages per quod is not questioned.

[929]*929His wife had a verdict of $2,800 for two broken ribs, which healed in due course, and for nervous shock. Without going into further detail, we conclude that this verdict is excessive and should not have been over $2,000. If the plaintiff concerned will consent to a reduction of the verdict to the latter amount the rule will he discharged, otherwise it will he made absolute.

The plaintiff, Boggs, had a verdict of $3,000. His arm was dislocated at the elbow, involving serious injury directly to the ulnar nerve involving material loss of function. It was the left arm, hut was used in typewriting and in driving a car. As he is a business man and travels much the loss of function is important. Taking all this in connection with pain and suffering, &c., we are unable to say that the verdict as to Boggs is excessive; so that in this aspect the rule will be discharged.

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Bluebook (online)

138 A. 694, 5 N.J. Misc. 928, 1927 N.J. Sup. Ct. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-mittuch-nj-1927.