De Clara v. Barber Steamship Lines, Inc.

Appellate Division of the Supreme Court of New York

De Clara v. Barber Steamship Lines, Inc.

1 A.D.2d 898, 149 N.Y.S.2d 718, 1956 N.Y. App. Div. LEXIS 6038

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

DecidedMarch 19, 1956

StatusPublished

This text of 1 A.D.2d 898 (De Clara v. Barber Steamship Lines, Inc.) 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

De Clara v. Barber Steamship Lines, Inc., 1 A.D.2d 898, 149 N.Y.S.2d 718, 1956 N.Y. App. Div. LEXIS 6038 (N.Y. Ct. App. 1956).

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Opinion

In an action to recover damages for wrongful death the jury rendered a verdict for $65,000 in favor of the administratrix against the New York Dock Company, the owner of the pier on which the intestate received the injuries which resulted in his death. Prior to the submission of the case to the jury, the court dismissed the owner’s third-party complaint. On April 11, 1955, this court, on appeal by the New York Dock Company, reversed the judgment insofar as it was in favor of the administratrix, dismissed her complaint, and affirmed the judgment insofar as it dismissed the third-party complaint. Our decision stated: “ The verdict was grossly excessive.” (De Clara v. Barber S. S. Lines, 285 App. Div. 1062, 1064.) On appeal by the administratrix from so much of the judgment entered on the order of this court as reversed the judgment in her favor and dismissed the complaint, the Court of Appeals has reversed and remitted the ease to this court for further proceedings not inconsistent with the opinion therein, in relation to the excessiveness of the verdict. Judgment, insofar as it is in favor of the administratrix against the New York Dock Company, reversed and a new trial granted, with costs to abide the event, unless, within ten days after entry of an order hereon, the [899]*899administratrix stipulate to reduce the amount of the verdict to $35,000, in which event the said judgment as so reduced is unanimously affirmed, without costs. The deceased was fifty-five years of age and was survived by his widow, one minor child, and seven adult children. He earned $60 to $80 a week when actually employed as a longshoreman. The verdict of $65,000 was grossly excessive. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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In an action to recover damages for wrongful death the jury rendered a verdict for $65,000 in favor of the administratrix against the New York Dock Company, the owner of the pier on which the intestate received the injuries which resulted in his death. Prior to the submission of the case to the jury, the court dismissed the owner’s third-party complaint. On April 11, 1955, this court, on appeal by the New York Dock Company, reversed the judgment insofar as it was in favor of the administratrix, dismissed her complaint, and affirmed the judgment insofar as it dismissed the third-party complaint. Our decision stated: “ The verdict was grossly excessive.” (De Clara v. Barber S. S. Lines, 285 App. Div. 1062, 1064.) On appeal by the administratrix from so much of the judgment entered on the order of this court as reversed the judgment in her favor and dismissed the complaint, the Court of Appeals has reversed and remitted the ease to this court for further proceedings not inconsistent with the opinion therein, in relation to the excessiveness of the verdict. Judgment, insofar as it is in favor of the administratrix against the New York Dock Company, reversed and a new trial granted, with costs to abide the event, unless, within ten days after entry of an order hereon, the [899]*899administratrix stipulate to reduce the amount of the verdict to $35,000, in which event the said judgment as so reduced is unanimously affirmed, without costs. The deceased was fifty-five years of age and was survived by his widow, one minor child, and seven adult children. He earned $60 to $80 a week when actually employed as a longshoreman. The verdict of $65,000 was grossly excessive. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

1 A.D.2d 898, 149 N.Y.S.2d 718, 1956 N.Y. App. Div. LEXIS 6038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-clara-v-barber-steamship-lines-inc-nyappdiv-1956.

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