Dugan v. Murphy

Appellate Division of the Supreme Court of New York

Dugan v. Murphy

281 A.D. 1044, 121 N.Y.S.2d 593, 1953 N.Y. App. Div. LEXIS 4273

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

DecidedMay 25, 1953

StatusPublished

Cited by1 cases

This text of 281 A.D. 1044 (Dugan v. Murphy) 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

Dugan v. Murphy, 281 A.D. 1044, 121 N.Y.S.2d 593, 1953 N.Y. App. Div. LEXIS 4273 (N.Y. Ct. App. 1953).

Pincite

Opinion

Action to recover damages for personal injuries and medical expenses. Plaintiff’s injuries were alleged to have been sustained when defendant’s automobile, in which plaintiff was a passenger, crashed into a telephone or telegraph pole. On the trial plaintiff proved that she had sustained serious and permanent injuries and that she had incurred medical expenses amounting to $500. Defendant offered no evidence to dispute such proof. The jury rendered a verdict in plaintiff’s favor for $1,500, and she appeals from the judgment entered thereon, on the ground that the verdict is inadequate. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless within ten days from the entry of the order hereon defendant stipulate to increase the verdict to $3,500, in which event the judgment as so increased is affirmed, without costs. In our opinion the verdict is against the weight of the evidence as to the amount of damages. The cross-examination as to the relationship between the parties was permissible solely insofar as such relationship might tend to affect plaintiff’s credibility, and comments thereon by defendant’s attorney should have been limited to its bearing on her credibility. Carswell, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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Action to recover damages for personal injuries and medical expenses. Plaintiff’s injuries were alleged to have been sustained when defendant’s automobile, in which plaintiff was a passenger, crashed into a telephone or telegraph pole. On the trial plaintiff proved that she had sustained serious and permanent injuries and that she had incurred medical expenses amounting to $500. Defendant offered no evidence to dispute such proof. The jury rendered a verdict in plaintiff’s favor for $1,500, and she appeals from the judgment entered thereon, on the ground that the verdict is inadequate. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless within ten days from the entry of the order hereon defendant stipulate to increase the verdict to $3,500, in which event the judgment as so increased is affirmed, without costs. In our opinion the verdict is against the weight of the evidence as to the amount of damages. The cross-examination as to the relationship between the parties was permissible solely insofar as such relationship might tend to affect plaintiff’s credibility, and comments thereon by defendant’s attorney should have been limited to its bearing on her credibility. Carswell, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

281 A.D. 1044, 121 N.Y.S.2d 593, 1953 N.Y. App. Div. LEXIS 4273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dugan-v-murphy-nyappdiv-1953.

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