Claim of Gallagher v. Carol Construction Co.

The claimant was injured in his employment, filed a claim for compensation under the Workmen’s Compensation Law, and then elected under the statute to bring an action against a third party to recover on the ground of negligence. The action came to trial before the Supreme Court and a jury, and a verdict *33in the sum of $5,000 was rendered in favor of the plaintiff, the claimant here. Upon the defendant’s motion to set aside the verdict and for a new trial, the trial judge made an order granting the motion, on the ground that the verdict was excessive, unless the plaintiff would stipulate to…