Bronson v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by Lou M. Bronson against the Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Company to recover damages for injuries sustained through the alleged negligence of defendant. From a judgment entered on a verdict for $11,000 in favor of plaintiff, and from an order denying its motion for a new trial, defendant appeals.
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Appeal from circuit court, New York county. Action by Lou M. Bronson against the Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Company to recover damages for injuries sustained through the alleged negligence of defendant. From a judgment entered on a verdict for $11,000 in favor of plaintiff, and from an order denying its motion for a new trial, defendant appeals. Affirméd on condition that plaintiff stipulates within 10 days to reduce the judgment to $5,000, otherwise reversed.
1Opinion of the CourtBarrett, J.
There was enough in this case to justify the submission to the jury of the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence; and we see no reason to disturb the verdict, although, possibly, we might have come to a different conclusion if these questions had been submitted to us. We think, however, that the damages were clearly excessive. ■ The jury awarded the plaintiff $11,000 for an injury which, though painful and distressing, has not deprived her of limb or member, nor destroyed her. earning capacity. There was a fracture of the fibula, which is…
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