Toomey v. New York City Transit Authority

In an action to recover damages for wrongful death, the appeal is from a judgment, entered upon a jury’s verdict, in favor of respondent for $81,734.55, which included $18,046.71 interest and $1,526.76 costs. The interest from June 18, 1954, the date of death, to April 20, 1959, the date of the entry of judgment, was computed at the rate of 6% per annum. Respondent’s intestate died of injuries received when he was shot by one Roche, an employee of appellant. Judgment modified upon the law and the facts (1) so as to provide that said interest be calculated at the rate of 3% per annum, and (2)…