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Sturman v. New York Central Railroad

258 A.D. 948 Court N.Y. App. Div. Decision date 1940-01-26 English

Decision Majority · Dissent — Martin, P. J. (dissenting). · Dissent — Cohn, J. (dissenting).

Contents
p. 948
(January 26, 1940.)
Frances Newman Sturman, Respondent, v. The New York Central Railroad Company, Appellant.

Judgment affirmed, with costs. No opinion.

Present—Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Martin, P. J., and Cohn, J., dissent in separate memoranda.

I dissent and vote to reverse the judgment and to dismiss the complaint. The accident in which the plaintiff was injured “ happened solely through ” the “ negligence ” of the driver of the automobile in which she was a passenger. (Sturman v. State of New York, 244 App. Div. 865 ; affd., 269 N. Y. 627 .)

I dissent and vote to reverse the judgment and grant a new trial solely upon the ground that the amount of the verdict is excessive. In my view the judgment should be reversed and a new trial ordered unless plaintiff stipulates to reduce the verdict to the-sum of $65,000.

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