Mathews v. Chili Avenue Garage, Inc.

Defendant has moved to set aside the jury’s verdict in the sum of $38,500 and for dismissal of the complaint or for a new trial, upon several grounds, to wit: (1) that there is no evidence of negligence on the part of the defendant, (2) that the court erred in excluding a history of the accident contained in the hospital record, (3) that the court erred in its charge and submission of the case to the jury, and (4) that the verdict is excessive. These matters will be considered in the order stated.(1) Plaintiff fell, the jury found, on the sidewalk on the west side of Thurston Eoad, adjacent…