Summary
In White v. Coyle Wrecking Lumber Corp. (279 App. Div. 822) the Appellate Division, Third Department, affirmed the judgment even though, as was stated in its memorandum opinion, it conceded "that the amounts of damages awarded constituted high assessments," and went on further to say, "but we cannot say, as to either cause of action, that the award was so unsupported by evidence as to be excessive."
Summary of this case from Ismail v. City of New YorkOpinion
January 9, 1952.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The judgment appealed from is for the aggregate of the jury's verdicts upon two causes of action, one to compensate for decedent's conscious pain and suffering and the other for the pecuniary injury occasioned by his wrongful death. Appellants' contentions are that the verdicts are against the weight of evidence and for excessive damages. In our opinion the verdicts are amply supported by evidence as respects all pertinent issues as to negligence. We consider that the amounts of damages awarded constituted high assessments but we cannot say, as to either cause of action, that the award was so unsupported by evidence as to be excessive. Judgment and orders unanimously affirmed, with costs.