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Dean v. Pennsylvania R.

148 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1914-07-07 English

Contents

Majority

p. 1112
DEAN, Respondent, v. PENNSYLVANIA R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1914.)

Headnote

Action by Jay Dean against the Pennsylvania Railroad Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held; first, that the statements and conduct of the defendant’s foreman toward the plaintiff after his injury, were improperly received; second, that the verdict rendered was excessive, and that the conduct of the plaintiff’s counsel upon the trial was grossly improper and tended to create passion and prejudice in the minds of the jurors and to increase the amount of their verdict.