McGuire v. Baltimore

Appellate Division of the Supreme Court of New York

McGuire v. Baltimore

283 A.D. 682, 127 N.Y.S.2d 256, 1954 N.Y. App. Div. LEXIS 4890

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

DecidedJanuary 6, 1954

StatusPublished

This text of 283 A.D. 682 (McGuire v. Baltimore) 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

McGuire v. Baltimore, 283 A.D. 682, 127 N.Y.S.2d 256, 1954 N.Y. App. Div. LEXIS 4890 (N.Y. Ct. App. 1954).

Pincite

Opinion

Amended judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $70,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is affirmed, without costs of this appeal to either party. Memorandum: We approve the jury’s verdict of $65,000 in the cause of action for wrongful death but we are of the opinion that the jury’s verdict of $10,000 in the cause of action for conscious pain and suffering is excessive and should be reduced to the sum of $5,000. All concur. (Appeal from an amended judgment for plaintiff in an action under the Federal Employers’ Liability Act to recover damages for the death of plaintiff’s intestate and for conscious pain and suffering.) Present — MeCurn, P. J., Yaughan, Kimball, Piper and Wheeler, JJ.

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Amended judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $70,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is affirmed, without costs of this appeal to either party. Memorandum: We approve the jury’s verdict of $65,000 in the cause of action for wrongful death but we are of the opinion that the jury’s verdict of $10,000 in the cause of action for conscious pain and suffering is excessive and should be reduced to the sum of $5,000. All concur. (Appeal from an amended judgment for plaintiff in an action under the Federal Employers’ Liability Act to recover damages for the death of plaintiff’s intestate and for conscious pain and suffering.) Present — MeCurn, P. J., Yaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

283 A.D. 682, 127 N.Y.S.2d 256, 1954 N.Y. App. Div. LEXIS 4890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguire-v-baltimore-nyappdiv-1954.