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De Yaulus v. New York City Railway Co.

49 Misc. 648 Court N.Y. App. Term English

Delivered by Scott, J.

Contents

Majority

p. 648
Alfred N. De Yaulus, Appellant, v. The New York City Railway Company, Respondent.

Headnote

Damages — Measure for torts — Personal injuries — Physical suffering and interruption of capacity to work.
New trial — Grounds — Verdict contrary to evidence—Inadequate damages.
Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, Eighth District, borough of Manhattan.
Charles S. Rosenthal, for appellant.
William E. Weaver, for respondent,

The plaintiff certainly showed! a disposition, both in hia complaint and in his testimony, to overstate his

p. 649
injuries and Ms damages. Notwithstanding this, he undoubtedly suffered some pain and some interruption of his capacity to work. To give him only the amount of Ms doctor’s bill was to allow nothing for the elements of damage referred to and was inadequate. If he was entitled to anything, and the defendant concedes liability for the results of the accident, he was entitled to something more than was awarded him.

Giegebich and Gkbenbaum, JJ., concur.

Judgment reversed and new trial granted, with costa to appellant to abide event.