Skupeen v. City of New York

Steuer, J. P.

In this action for personal injuries the court set aside a verdict for $20,000 on the ground that it was excessive, unless plaintiff would stipulate to accept the sum of $3,000. Plaintiff refused to so stipulate and the status of the action now is that a new trial is required. We believe that a new trial is necessary but upon other grounds, namely, that issues decisive of plaintiff’s right to recover were never litigated.

Before discussing the latter proposition, as on the new trial to be had the same" situation in regard to damages may arise again, our views in regard to it are…