Flatley v. American Automobile Insurance

The plaintiff stated the questions involved as follows:

‘T. Upon the evidence was the jury award for past loss of earnings and future impairment of earning capacity excessive?

*668“2. Where plaintiff, appealing from order granting new trial on grounds of excessive damages, serves notice of appeal on April 8, 1952, is defendant, who served request for review on May 13, 1952, entitled to review by supreme court of that part of order denying defendants’ motions which object to jury’s findings of negligence?”

The plaintiff contends that the court was in error in granting a new trial because the jury’s…