Budalich v. Baltimore & Ohio Railroad

Appellate Division of the Supreme Court of New York

Budalich v. Baltimore & Ohio Railroad

250 A.D. 786, 294 N.Y.S. 514, 1937 N.Y. App. Div. LEXIS 9004

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

DecidedMarch 30, 1937

StatusPublished

This text of 250 A.D. 786 (Budalich v. Baltimore & Ohio Railroad) 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

Budalich v. Baltimore & Ohio Railroad, 250 A.D. 786, 294 N.Y.S. 514, 1937 N.Y. App. Div. LEXIS 9004 (N.Y. Ct. App. 1937).

Pincite

Opinion

Action under the Employers’ Liability Act to recover damages for personal injuries sustained by plaintiff when the die of a compressed air riveting gun flew out and struck him. The action was discontinued against The Baltimore and Ohio Railroad Company. The Staten Island Rapid Transit Railway Company appeals from the judgment entered on a verdict for plaintiff in the sum of $6,250. Judgment reversed on the facts and a new trial granted, costs to appellant to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce to $1,000 the amount of the verdict rendered in his favor; in which event the judgment as so reduced is unanimously affirmed, without costs. We are of the opinion that the verdict was excessive. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Action under the Employers’ Liability Act to recover damages for personal injuries sustained by plaintiff when the die of a compressed air riveting gun flew out and struck him. The action was discontinued against The Baltimore and Ohio Railroad Company. The Staten Island Rapid Transit Railway Company appeals from the judgment entered on a verdict for plaintiff in the sum of $6,250. Judgment reversed on the facts and a new trial granted, costs to appellant to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce to $1,000 the amount of the verdict rendered in his favor; in which event the judgment as so reduced is unanimously affirmed, without costs. We are of the opinion that the verdict was excessive. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Bluebook (online)

250 A.D. 786, 294 N.Y.S. 514, 1937 N.Y. App. Div. LEXIS 9004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budalich-v-baltimore-ohio-railroad-nyappdiv-1937.