Paccione v. Home Indemnity Co.

The action is upon a liability insurance policy issued by defendant to one Krais, who, driving the automobile allegedly covered by the policy, ran down plaintiff Frank Paccione, and killed his son, Manuel Paccione, on November 13, 1930, about five o’clock in the evening.

Prior to the institution of this action, Paccione, individually and as administrator of his deceased son, sued Krais in the Supreme *340Court, Bronx county, and on February 9, 1933, after a jury trial, recovered a verdict for $19,000. This verdict on motion of Krais, was reduced by the trial justice to $11,500, subject to…