Brown v. Wyer

Appellate Division of the Supreme Court of New York

Brown v. Wyer

283 A.D. 715, 127 N.Y.S.2d 525, 1954 N.Y. App. Div. LEXIS 5052

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

DecidedFebruary 1, 1954

StatusPublished

This text of 283 A.D. 715 (Brown v. Wyer) 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

Brown v. Wyer, 283 A.D. 715, 127 N.Y.S.2d 525, 1954 N.Y. App. Div. LEXIS 5052 (N.Y. Ct. App. 1954).

Pincite

Opinion

In an action to recover damages for injuries to person and property arising out of a collision, at a grade crossing, between defendant’s train and a motor vehicle owned and operated by plaintiff, the jury rendered a verdict in plaintiff’s favor for $63,974 for the personal injuries and $1,250 for the property damage. The trial court granted defendant’s motion to set aside the verdict, insofar as it awarded $63,974 for personal injuries, and for a new trial, unless plaintiff consented to reduce that award to $50,000. Plaintiff so stipulated. Defendant appeals from the judgment entered thereon. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless plaintiff stipulate, within ten days from the entry of the order hereon, to further reduce the award for personal injuries from $50,000 to $43,974, in which event the judgment, as so reduced, is unani[716]*716mously affirmed, without costs. In our opinion, the verdict as reduced to $50,000, was excessive. Nolan, P. J., Adel, Wenzel, Schmidt and Beldock, JJ., concur.

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In an action to recover damages for injuries to person and property arising out of a collision, at a grade crossing, between defendant’s train and a motor vehicle owned and operated by plaintiff, the jury rendered a verdict in plaintiff’s favor for $63,974 for the personal injuries and $1,250 for the property damage. The trial court granted defendant’s motion to set aside the verdict, insofar as it awarded $63,974 for personal injuries, and for a new trial, unless plaintiff consented to reduce that award to $50,000. Plaintiff so stipulated. Defendant appeals from the judgment entered thereon. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless plaintiff stipulate, within ten days from the entry of the order hereon, to further reduce the award for personal injuries from $50,000 to $43,974, in which event the judgment, as so reduced, is unani[716]*716mously affirmed, without costs. In our opinion, the verdict as reduced to $50,000, was excessive. Nolan, P. J., Adel, Wenzel, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

283 A.D. 715, 127 N.Y.S.2d 525, 1954 N.Y. App. Div. LEXIS 5052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-wyer-nyappdiv-1954.