Kuznicki v. Kuszowski

The appeal is from a judgment in favor of the plaintiff in the amount of $15,000 and from an order denying the defendant’s motion to set aside the verdict and for a new trial. The question of the defendant’s negligence and the question of freedom from contributory negligence on the part of the plaintiff were properly submitted to the jury which resolved them in favor of the plaintiff. We are satisfied that the jury’s findings as to negligence and freedom from contributory negligence are not against the weight of evidence but, on the other hand, the burden of proof upon the plaintiff was amply…