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Hunter v. Theis

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1943
266 App. Div. 867 (N.Y. App. Div. 1943)

Opinion

June 21, 1943.


In an action by a plaintiff wife to recover damages for personal injuries sustained as the result of the alleged negligence of defendant in permitting coal gas to escape from a heating plant, and by her husband for expenses and loss of services, judgment in favor of plaintiffs and against the defendant, upon a verdict in favor of plaintiff wife in the sum of $3,200 and plaintiff husband in the sum of $300, reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless within ten days from the entry of the order hereon plaintiff wife stipulate to reduce to $1,500 the amount of the verdict rendered in her favor, and plaintiff husband stipulate to reduce to $100 the amount of the verdict in his favor; in which event, the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion, the verdict was excessive. Hagarty, Carswell, Adel, Taylor and Lewis, JJ., concur.


Summaries of

Hunter v. Theis

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1943
266 App. Div. 867 (N.Y. App. Div. 1943)
Case details for

Hunter v. Theis

Case Details

Full title:MYRTLE HUNTER et al., Respondents, v. JOHN J. THEIS, Appellant

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

Date published: Jun 21, 1943

Citations

266 App. Div. 867 (N.Y. App. Div. 1943)