Opinion
March 7, 1949.
Present — Nolan, P.J., Johnston, Sneed, Wenzel and MacCrate, JJ.
In an action to recover damages for personal injuries, it was alleged by plaintiff that he was struck in the back by a scaffold because of the negligence of appellant's employees, and that as a result thereof he was required to undergo a prostatectomy and sustained fractures of the transverse processes of two lumbar vertebrae. Judgment in favor of plaintiff, entered upon the verdict of a jury, in the sum of $20,000, insofar as appealed from, unanimously affirmed, with costs. The record presented questions of fact as to negligence, contributory negligence and the nature and extent of the injuries caused by the accident.