Horowitz v. Hamburg American Packet Co.

18 Misc. 728, 41 N.Y.S. 1118, 75 N.Y. St. Rep. 1490

Opinion

Per Curiam

We consider that the point in respect to which the justices of this term differed, viz., whether the question of permanent injuries- should have been submitted to the jury in. the absence of the evidence of medical experts; is of sufficient importance to justify the granting of the motion.

Motion granted' upon condition that the appellant files a stipulation that for the purpose of such appeal it will waive all objections to the judgment except those which raised that point.

Present: Daly, P. J., MoAdam and Bischoff, JJ.

Motion granted;