Ladd v. Parkhurst

Judgment unanimously vacated, without costs, and a new trial granted on the issue of damages only. Memorandum: In this wrongful death action a jury returned a verdict for $3,500 in favor of plaintiff against defendants Daniel Parkhurst and Guilford W. Rhinehart. Upon notice only to Rhinehart, plaintiff moved to set aside the verdict as inadequate and contrary to the weight of evidence. Trial Term granted the motion, set aside the verdict and directed that judgment be entered against defendant Rhinehart in the amount of $17,500, or if Rhinehart did not agree to pay that amount, a new trial was…