Schiller v. F. W. Woolworth Co.

In a negligence action to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Queens County, entered April 9, 1975, in favor of plaintiffs, upon separate jury verdicts on the issues of liability and damages. Judgment affirmed, with costs. The issue of contributory negligence was properly one for the jury to decide and the damages awarded do not shock the conscience of the court. Margett, Acting P. J., Damiani, Shapiro and Hawkins, JJ., concur; Cohalan, J., dissents and votes to reverse the judgment and grant a new trial, with the following…