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Towart v. Broadway & S. A. R. Co.

7 N.Y.S. 958 Court N.Y. Super. Ct. Decision date 1889-01-07 English

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Majority

p. 958
Towart, Respondent, v. Broadway & S. A. R. Co., Appellant.
(Superior Court of New York City, General Term.
January 7, 1889.)

Headnote

Appeal from j ury term.
Argued before Sedgwick, C. J., and Ingraham, J.
Samuel 5. Clarke, for appellant. Henry B. Staples, for respondent.

The only objection taken on the appeal is that the verdict was for an excessive amount of damages. It is here to be taken that the jury credited the testimony of the plaintiff in describing the effect upon her of the hurts she received, and of her friend, who was a witness, and of her physician. On considering this testimony, it cannot be held that the jury abused its power to assess the damages. The judgment and order appealed from are affirmed, with costs.