Benda v. Keil — 67 N.Y.S. 1128

Majority

p. 1128

BENDA, Respondent, v. KEIL et al., Appellants.

(City Court of New York, General Term.

January 8, 1901.)

Headnote

Action by one Benda against one ICeil and others. From a judgment in favor of plaintiff, and from an order-denying a motion for a new trial, the defendants appeal.

Affirmed.

A. E. Schatz, for appellants.

Gatlin & Nekarda, for respondent.

The direct questions as to whether the defendants were guilty of negligence, whether plaintiff contributed by his own fault or carelessness, and the measure of damage were all properly and amply presented by the court below to the jury. The facts are found and fixed by the verdict upon disputed and conflicting averment and evidence; the suggestion of carelessness of a fellow workman, as a defense, is not upheld by the record; and the amount of damage awarded is not, in fact or suggestion, excessive. Judgment and order appealed from to be affirmed, with costs.