Bloodgood v. Whitney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Payne Whitney, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of October, 1920, upon the verdict of a jury for $40,000; also from an order entered in said clerk’s office on the 29th day of December, 1920, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the same day denying…
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Appeal by the defendant, Payne Whitney, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of October, 1920, upon the verdict of a jury for $40,000; also from an order entered in said clerk’s office on the 29th day of December, 1920, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial upon the ground of newly-discovered evidence.
1Opinion of the Court
Greenbaum, J.:
The action is brought to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant’s chauffeur.
Five grounds are urged in behalf of the appellant for a reversal of the judgment: (1) That the verdict is against the preponderance of the credible evidence. (2) That at the time of the accident the chauffeur was not engaged in any work in behalf of his master. (3) That comments made by plaintiff’s counsel upon the summing up were grossly prejudicial to the defendant. (4) That the amount of the verdict is excessive. (5) That…
2Cases cited1 opinion
- Walsh v. FrankenthalerAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- People v. KolowichMichigan Supreme Court · 1933
- Dennis v. TishmanNew York Supreme Court · 1931