Torelli v. Eastman Kodak Co.

The defendant appeals from a judgment entered upon a jury verdict awarding the plaintiff a substantial sum of money in an action which was brought by the plaintiff to recover damages for personal injuries. Two causes of action are set forth in the complaint. The first charges negligence and the second breach of a statutory duty (see Schmidt v. Merchants Dispatch *554Transportation Co., 270 N. Y. 287); both charge that the defendant’s wrongful acts caused injury to the plaintiff’s lungs which resulted in pneumoconiosis. The case was submitted to the jury on both causes of action but the jury was…