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Marques v. Mossop Trucking Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1934
241 App. Div. 740 (N.Y. App. Div. 1934)

Opinion

March, 1934.

Present — Lazansky, P.J., Young, Kapper, Tompkins and Davis, JJ.


Judgment unanimously affirmed, with costs. The verdict on the questions of negligence and contributory negligence was sufficiently sustained by the evidence. Very likely it was error for the trial court on its own motion to strike out the evidence of plaintiff's physician that in his opinion plaintiff was now able to work. This evidence was given on the interrogation of plaintiff's counsel and there was no objection. But this evidence bore only on the question of damages, and the moderate amount of the verdict is sustainable as based on the nature and extent of the injuries, pain and suffering, the hospital expenses and loss of earnings, whether plaintiff was able to work seven months after the injury or not. Therefore, the error was not prejudicial or substantial.


Summaries of

Marques v. Mossop Trucking Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1934
241 App. Div. 740 (N.Y. App. Div. 1934)
Case details for

Marques v. Mossop Trucking Co., Inc.

Case Details

Full title:FERNANDO MARQUES, Respondent, v. MOSSOP TRUCKING Co., INC., Appellant

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

Date published: Mar 1, 1934

Citations

241 App. Div. 740 (N.Y. App. Div. 1934)