Opinion
November 14, 1951.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Wheeler, JJ.
Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the jury's finding as to negligence and contributory negligence is against the weight of evidence. Memorandum: While the question of damages is not before us on this appeal, we call attention to the fact that any moneys received by plaintiff as disability compensation or sick-leave benefits under a Federal Sick-Leave Regulation cannot be regarded as wages or used in diminution of damages arising by reason of loss of time. All concur. (Appeal from a judgment for defendant for no cause of action in an automobile negligence action.)