Gallagher v. Lehigh Valley R.

E.D. New York

Gallagher v. Lehigh Valley R.

55 F. Supp. 1022, 1944 U.S. Dist. LEXIS 2348

CourtDistrict Court, E.D. New York

DecidedMarch 9, 1944

DocketCivil Action No. 3436

StatusPublished

Cited by2 cases

This text of 55 F. Supp. 1022 (Gallagher v. Lehigh Valley R.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gallagher v. Lehigh Valley R., 55 F. Supp. 1022, 1944 U.S. Dist. LEXIS 2348 (E.D.N.Y. 1944).

Pincite

Opinion

GALSTON, District Judge.

The motion to set aside the verdict of the jury and for judgment in favor of the defendant must in all respects be denied. There was ample evidence from which the jury could draw the conclusion that the proximate cause of the injuries which the plaintiff sustained was owing solely to the negligence of the defendant. As to the amount of the verdict there is no reason why I should substitute my estimate for that of the jury. The injuries were of a serious nature, painful and disabling, and to a man of the plaintiff’s fine appearance, doubtless humiliating. Finally, the chatter of counsel with members of the jury after rendition of the verdict I must and do entirely disregard. McDonald v. Pless, 238 U.S. 264, 35 S.Ct. 783, 59 L.Ed. 1300. Settle order.

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GALSTON, District Judge.

The motion to set aside the verdict of the jury and for judgment in favor of the defendant must in all respects be denied. There was ample evidence from which the jury could draw the conclusion that the proximate cause of the injuries which the plaintiff sustained was owing solely to the negligence of the defendant. As to the amount of the verdict there is no reason why I should substitute my estimate for that of the jury. The injuries were of a serious nature, painful and disabling, and to a man of the plaintiff’s fine appearance, doubtless humiliating. Finally, the chatter of counsel with members of the jury after rendition of the verdict I must and do entirely disregard. McDonald v. Pless, 238 U.S. 264, 35 S.Ct. 783, 59 L.Ed. 1300. Settle order.

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Bluebook (online)

55 F. Supp. 1022, 1944 U.S. Dist. LEXIS 2348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-lehigh-valley-r-nyed-1944.

Opinion

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