Behnke v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Behnke v. Brooklyn & Queens Transit Corp.

263 A.D. 737, 31 N.Y.S.2d 28, 1941 N.Y. App. Div. LEXIS 4775

Appellate Division of the Supreme Court of the State of New York·Decided November 24, 1941·Published

Opinion

In an action to recover for injuries sustained by being thrown from defendant’s trolley car by reason of the closing of the doors as he was entering, the jury rendered a verdict for plaintiff in the sum of $2,500. The court granted defendant’s motion to set aside the verdict on the ground of excessiveness unless plaintiff consented within ten days to reduce the verdict to $1,500. Such consent was filed. Judgment reversed on the facts and a new trial granted, with costs [738]*738to appellant to abide the event, on the ground that the verdict was against the weight of the evidence. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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In an action to recover for injuries sustained by being thrown from defendant’s trolley car by reason of the closing of the doors as he was entering, the jury rendered a verdict for plaintiff in the sum of $2,500. The court granted defendant’s motion to set aside the verdict on the ground of excessiveness unless plaintiff consented within ten days to reduce the verdict to $1,500. Such consent was filed. Judgment reversed on the facts and a new trial granted, with costs [738]*738to appellant to abide the event, on the ground that the verdict was against the weight of the evidence. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

Behnke v. Brooklyn & Queens Transit Corp., 263 A.D. 737, 31 N.Y.S.2d 28, 1941 N.Y. App. Div. LEXIS 4775 (N.Y. Ct. App. 1941).

Pincite

263 A.D. 737 (Behnke v. Brooklyn & Queens Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.