Caccetta v. Oakley

In an action for-damages for death by wrongful act, neglect or default, plaintiff appeals from a judgment dismissing his complaint on the merits, *889entered upon a jury verdict in favor of the defendant. Judgment unanimously affirmed, with costs. Plaintiff contends (a) that the verdict is against the weight of the evidence and (b) that the trial court erred in permitting a witness for the defendant to state as her reason for withdrawing an action that she had brought for damages for personal injuries sustained in the same accident that she “ could not see perjuring myself to a lie,” which reason…