Hyperlawhypertext legal database Nicolino v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co. 94 N.Y.S. 1157

← Cases

Nicolino v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.

94 N.Y.S. 1157 Court N.Y. App. Term Decision date 1905-06-22 English

Contents

Majority

p. 1157
NICOLINO, Respondent, v. FORTY-SECOND ST., M. & ST. N. AVE. RY. CO., Appellant.
(Supreme Court, Appellate Term.
June 22, 1905.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Francesco Nicolino against the Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Company. From an order setting aside a verdict for defendant, it appeals.
Reversed.
Bayard H. Ames, and F. Angelo Gaynor, for appellant.
Palmieri & Wechsler, for respondent.

There was evidence, which the jury had a right to credit, that the plaintiff had been discharged cured from the hospital in nine days. There was also evidence that on December 29th there was no synovitis, as all evidence of a fractured rib had been struck out. We believe that the verdict should not have been considered inadequate. The order will therefore be reversed, with $10 costs and disbursements, the verdict restored, and judgment entered accordingly.