Betts v. Sprout

Appellate Division of the Supreme Court of New York

Betts v. Sprout

245 A.D. 895

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 15, 1935

StatusPublished

This text of 245 A.D. 895 (Betts v. Sprout) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Betts v. Sprout, 245 A.D. 895 (N.Y. Ct. App. 1935).

Pincite

Opinion

On this appeal from a judgment for personal injuries arising from negligence, the defendant, appellant, concedes liability. He asks a reversal upon the sole ground that the verdict of $1,100 is excessive. The jury could have found that plaintiff was cut and bruised about the mouth, tongue, foot, shoulders, right little finger, right knee, left ankle, shin and hip; also that after the accident he suffered from pain in his chest and heart when he worked or exerted himself. Plaintiff was a banjo player. The injury to his little finger was disabling for a time. He was out of work for five weeks, and still suffered some at the time of the trial and more than a year after the accident. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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On this appeal from a judgment for personal injuries arising from negligence, the defendant, appellant, concedes liability. He asks a reversal upon the sole ground that the verdict of $1,100 is excessive. The jury could have found that plaintiff was cut and bruised about the mouth, tongue, foot, shoulders, right little finger, right knee, left ankle, shin and hip; also that after the accident he suffered from pain in his chest and heart when he worked or exerted himself. Plaintiff was a banjo player. The injury to his little finger was disabling for a time. He was out of work for five weeks, and still suffered some at the time of the trial and more than a year after the accident. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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Bluebook (online)

245 A.D. 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betts-v-sprout-nyappdiv-1935.