Hyperlawhypertext legal database Tashjian v. Spengeman 156 N.Y.S. 1147

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Tashjian v. Spengeman

156 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1915-12-30 English

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p. 1147
Mariam TASHJIAN, as Admx., etc., Appellant, v. Edward A. SPENGEMAN, Respondent.
(Supreme Court, Appellate Division, First Department.
December 30, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Mariam Tashjian, as administratrix, against Edward A. Spengeman. From a judgment for plaintiff, and order denying new trial, defendant appeals.

We think there was a question of fact for the jury as to the negligence of the defendant and the absence of contributory negligence on the part of the plaintiff. The jury having had those questions submitted to them and having found a verdict of six cents for the plaintiff, such damages are so

plainly inadequate as to require a reversal of the judgment. The judgment and order appealed from are therefore reversed and a new trial ordered, with costs to the appellant to abide the event.