Feldstein v. Harrington

Inasmuch as we have reached the conclusion that a new trial is required because of erroneous rulings on admissibility of evidence, we find it unnecessary to discuss plaintiffs contentions with respect to the inadequacy of the damages awarded. Most of plaintiffs injuries were subjective in character and their establishment therefore largely depended upon plaintiffs credibility as a witness. Such testimony was sufficiently improbable as to warrant the jury in disbelieving the same. We would not disturb the jury’s finding as to damages if that were the sole issue before us on this appeal.

The…