Evans v. Martin

Appellate Division of the Supreme Court of New York

Evans v. Martin

254 A.D. 887, 5 N.Y.S.2d 259, 1938 N.Y. App. Div. LEXIS 8180

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

DecidedJune 17, 1938

StatusPublished

This text of 254 A.D. 887 (Evans v. Martin) 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

Evans v. Martin, 254 A.D. 887, 5 N.Y.S.2d 259, 1938 N.Y. App. Div. LEXIS 8180 (N.Y. Ct. App. 1938).

Pincite

Opinion

A child, five years of age, was killed by an automobile owned by one of the defendants and operated by the other. The parents, as administrators, brought an action for damages, and the father sued individually. On the trial the father’s individual action was dismissed. In the action by the administrators, the jury returned a verdict for $20,000. A motion to set the verdict aside was denied, and judgment for the sum of $22,854.35 was entered. Defendants appeal. Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. The only evidence in the case is as to the age of the infant and the respective ages of its parents. The record is barren of any proof upon which a verdict awarding substantial damages could be based. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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A child, five years of age, was killed by an automobile owned by one of the defendants and operated by the other. The parents, as administrators, brought an action for damages, and the father sued individually. On the trial the father’s individual action was dismissed. In the action by the administrators, the jury returned a verdict for $20,000. A motion to set the verdict aside was denied, and judgment for the sum of $22,854.35 was entered. Defendants appeal. Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. The only evidence in the case is as to the age of the infant and the respective ages of its parents. The record is barren of any proof upon which a verdict awarding substantial damages could be based. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Bluebook (online)

254 A.D. 887, 5 N.Y.S.2d 259, 1938 N.Y. App. Div. LEXIS 8180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-martin-nyappdiv-1938.