Gutin v. Mascali & Sons, Inc.

Froessel, J. (dissenting).

In this personal injury action to recover damages for the total loss of plaintiff’s left eye, caused *100by several flying pieces of concrete as he and his wife lawfully drove past the site of defendant’s demolition and construction operations, the jury, by a vote of 10 to 2, returned a verdict for defendant. The Trial Judge, in the exercise of the broad powers vested in him by section 549 of the Civil Practice Act, granted plaintiff’s motion to set aside the verdict as contrary to the evidence, and in the interest of justice, and ordered a new trial.

A reading of the…