Spoar v. Fudjack

Judgment unanimously reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within 10 days, stipulate to reduce the verdict to the sum of $4,500, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is affirmed, without costs of this appeal to either party. Memorandum: The verdict in favor of plaintiff in the sum of $8,000 was excessive. Furthermore, the court committed serious error when it refused to receive in evidence the notes of the nurses contained in the…