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Holzapfel v. Independent Provision Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1920
193 App. Div. 957 (N.Y. App. Div. 1920)

Opinion

October, 1920.


The plaintiff recovered a verdict of $1,600. He fell about four feet, from his wagon to the street, and received injuries to left wrist and left shoulder. The proof, largely subjective, and unsupported by medical testimony, did not establish that the injuries were permanent. We think that a verdict less by one-half would represent compensation for all of the elements of damages established by the evidence. Judgment reversed and new trial granted, costs to abide the event, unless within twenty days respondent stipulate to reduce the verdict to $800, in which event the judgment, as so modified, is unanimously affirmed, without costs. Jenks, P.J., Mills, Blackmar, Kelly and Jaycox, JJ., concur.


Summaries of

Holzapfel v. Independent Provision Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1920
193 App. Div. 957 (N.Y. App. Div. 1920)
Case details for

Holzapfel v. Independent Provision Company

Case Details

Full title:JOHN A. HOLZAPFEL, JR., Respondent, v. INDEPENDENT PROVISION COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1920

Citations

193 App. Div. 957 (N.Y. App. Div. 1920)