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Zipprich v. Smith Trucking Co.

1 A.D.2d 756 Court N.Y. App. Div. Decision date 1955-12-29 English

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p. 756
Jacob F. Zipprich, Respondent, v. Smith Trucking Company, Inc., Appellant.

Judgment and order affirmed, with costs. All concur, except Vaughan and Wheeler, JJ., who dissent and vote for reversal and for granting a new trial on the ground that the verdict is excessive. (Appeal from a judgment of Onondaga Trial Term for plaintiff in an automobile negligence action. The order denied a motion for a new trial on the ground that the verdict was excessive.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.