Rivera v. City of New York

The order appealed from should be affirmed.

As the dissent indicates, this infant’s action was characterized by very severe injuries but liability so doubtful that it was practically nonexistent. Experience shows that settlement of such a claim is prompted somewhat by the charity of the defendant’s representatives but mostly by the fear of what the sympathy of the jurors will prompt them to find. Specifically, this would be a finding against the facts which, though it might be upset on appeal, would only be corrected by the expenditure of money and effort and would very likely leave the…