Palmer v. Pennsylvania Co. — 4 N.Y. St. Rep. 888

Majority

p. 888

JOSEPH N. PALMER, Respondent, v. THE PENNSYLVANIA COMPANY, Appellant.

Negligence—Question of fact—Verdict sustained.

Appeal from a judgment in favor of plaintiff, entered upon a verdict rendered at the Dutchess circuit, and from order denying motion for a new trial.

B. F. Wilkinson, for appellant; Grant B. Taylor and F. B. JJ>ren, for respondent.

There are no exceptions that need to be discussed. The only question in the case is one of fact, whether the defendant was guilty of negligence.

The jury have found that such negligence existed; and while it may not have

p. 889

been gross, it is impossible to say that the jury had not fair grounds for the-verdict they rendered. The damages were not excessive.

Judgment affirmed, with costs.

Barnard, J., not sitting.