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Northrup v. Ferrucci

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1949
276 App. Div. 820 (N.Y. App. Div. 1949)

Opinion

November 16, 1949.

Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ.


Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: In our view the damages awarded to the plaintiff are grossly excessive, and indicate that the jury, although instructed to do so, failed to disregard incompetent evidence. Moreover, we think that plaintiff's counsel's insistence on injecting into the case incompetent evidence bearing upon the physical condition of Mrs. Northrup and her child and not connected with the accident deprived defendants of a fair trial. (See McCormick v. Merritt, 232 App. Div. 619.) All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.)


Summaries of

Northrup v. Ferrucci

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1949
276 App. Div. 820 (N.Y. App. Div. 1949)
Case details for

Northrup v. Ferrucci

Case Details

Full title:JEANNETTE NORTHRUP, Respondent, v. KATHERINE S. FERRUCCI et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1949

Citations

276 App. Div. 820 (N.Y. App. Div. 1949)

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