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Hayes v. Fairbanks

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 30, 1938
255 App. Div. 943 (N.Y. App. Div. 1938)

Opinion

November 30, 1938.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Dowling, JJ.


Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $4,465, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. Memorandum: We find no error in the determination of the jury in respect to negligence on the part of the defendants Turner and Jamieson or as to the contributory negligence of the plaintiff's intestate. Considering, however, the earning capacity of the deceased, her age, and the age of the intestate's beneficiary, we deem the verdict excessive. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.)


Summaries of

Hayes v. Fairbanks

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 30, 1938
255 App. Div. 943 (N.Y. App. Div. 1938)
Case details for

Hayes v. Fairbanks

Case Details

Full title:LOVINA J. HAYES, as Administratrix, etc., of EMMA L. RYDER, Deceased…

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

Date published: Nov 30, 1938

Citations

255 App. Div. 943 (N.Y. App. Div. 1938)