Hyperlawhypertext legal database Dambmann v. Metropolitan Street Railway Co. 119 N.Y.S. 1122

← Cases

Dambmann v. Metropolitan Street Railway Co.

119 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1909-12-03 English

Contents

Majority

p. 1122
DAMBMANN v. METROPOLITAN ST. RY. CO.
(Supreme Court, Appellate Division, First Department.
December 3, 1909.)

Headnote

Appeal from Trial Term, New York County. Action by Emma Dambmann against the Metropolitan Street Railway Company. From a judgment and an order (55 Mise. Rep. 60, 106 N. Y. Supp. 221 ) denying a new trial, defendant appeals.
Reversed, and new trial ordered, unless plaintiff stipulates to reduce the verdict.
Bayard H. Ames, for appellant.
Theodore Sutro, for respondent.

There are. a number of undoubted errors in the record, to which our attention has been called, especially with respect to the examination of the plaintiff and her physician as to her condition prior to the accident. All of them, however, tend to the enhancement of the damages. We are satisfied, upon the record as made, that the plaintiff has suffered some damage for which the defendant is responsible, and for these reasons the judgment and order appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the verdict to $5,000, in which event the judgment, as so modified, and the order, will be affirmed, without costs to either party on the appeal.