Opinion
Argued March 4th, 1930
Decided March 6th, 1930.
ACTION to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in Windham County and tried to the jury before Yeomans, J.; verdict and judgment for the plaintiff and appeal by the defendant. No error.
William A. Bree, with whom was H. Frederick Day, for the appellant (defendant).
Edward J. Daly, with whom was Cornelius D. Shea, for the appellee (plaintiff).
This appeal is pursued upon the sole ground that the damages are excessive. The special damages might reasonably have been found to be $2315.25. The physical injury was severe and included a twenty-five per cent permanent partial disability to plaintiff's left leg. Although he was seventy-one years of age at the time of this accident it cannot be held as matter of law that the assessment of damages of $4200 for the injury plaintiff suffered is excessive, giving due weight to the trial court's denial of defendant's motion to set aside the verdict.