Fitzgerald v. New York Central Railroad

In an action for damages for personal injuries resulting from negligence, this plaintiff recovered a jury verdict of $3,204. The justice presiding at the trial granted a new trial, unless plaintiff should stipulate that the verdict be reduced to $2,000. Plaintiff has appealed.

As a basis for the verdict as rendered, the jury could have found that on May 8, 1924, the defendant's train struck an automobile *2in which plaintiff was riding, carried it 180 feet down the railroad track, then threw it upon an adjoining track; that plaintiff was dragged this distance beyond the crossing and lay under…