De Yaulus v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, Eighth District, borough of Manhattan.
1Opinion of the CourtScott, J.
The plaintiff certainly showed! a disposition, both in hia complaint and in his testimony, to overstate his *649injuries and Ms damages. Notwithstanding this, he undoubtedly suffered some pain and some interruption of his capacity to work. To give him only the amount of Ms doctor’s bill was to allow nothing for the elements of damage referred to and was inadequate. If he was entitled to anything, and the defendant concedes liability for the results of the accident, he was entitled to something more than was awarded him.
Giegebich and Gkbenbaum, JJ., concur.
Judgment reversed and new trial granted,…
2Cited by3 opinions
- Meditz v. Liggett & Myers Tobacco Co.City of New York Municipal Court · 1938
- Huntington v. RodgersCity of New York Municipal Court · 1909
- Wachs v. New York Railways Co.City of New York Municipal Court · 1914