Clark v. FAZIO

This is an action by Joseph E. Clark, as plaintiff, against Tony Fazio, Antonio Fazio, and Andrew Fazio, individually and as copartners, doing business as the Columbia Gardening Company, and Leo Louis Savio, as defendants, to recover damages for personal injuries sustained as the result of the alleged negligent operation of a motor truck. There was a verdict and judgment for plaintiff in the sum of $15,000. On de f endants ’ motion, the trial court set aside the judgment and granted a new trial. Plaintiff appeals.

The accident occurred about 1:00 p. m. on June 1, 1946, on Northeast 47th…