Wanser v. Hubbard

Appellate Division of the Supreme Court of New York

Wanser v. Hubbard

252 A.D. 787, 299 N.Y.S. 123, 1937 N.Y. App. Div. LEXIS 6294

Appellate Division of the Supreme Court of the State of New York·Decided October 22, 1937·Published

Opinion

In an action to recover damages for personal injuries sustained by plaintiff as the result of being thrown from an automobile truck owned and operated by defendant, plaintiff had a verdict for $3,000 in the County Court of Nassau county. Judgment reversed on the facts, on the ground that the verdict for damages is against the weight of evidence and is excessive, and a new trial ordered, with costs to appellant to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to a reduction of the verdict to $1,500; in which event the judgment, as so reduced, is unanimously affirmed, without costs. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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In an action to recover damages for personal injuries sustained by plaintiff as the result of being thrown from an automobile truck owned and operated by defendant, plaintiff had a verdict for $3,000 in the County Court of Nassau county. Judgment reversed on the facts, on the ground that the verdict for damages is against the weight of evidence and is excessive, and a new trial ordered, with costs to appellant to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to a reduction of the verdict to $1,500; in which event the judgment, as so reduced, is unanimously affirmed, without costs. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

Wanser v. Hubbard, 252 A.D. 787, 299 N.Y.S. 123, 1937 N.Y. App. Div. LEXIS 6294 (N.Y. Ct. App. 1937).

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