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Sieber v. Alphonsus

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1917
176 App. Div. 932 (N.Y. App. Div. 1917)

Opinion

January, 1917.

Present — Jenks, P.J., Thomas, Stapleton, Rich and Putnam, JJ.


No adequate ground appears to reject this verdict. For the loss of the leg, a verdict of $3,000 only indicates that the jury gave proper weight to defendant's claim that the surgeons should have earlier amputated. There was no error in the refusal to charge that plaintiff's failure to report back to defendant would relieve him from liability, as such omission would only be in mitigation. ( Du Bois v. Decker, 130 N.Y. 325.) The other exceptions taken do not present reversible error. Judgment and order unanimously affirmed, with costs.


Summaries of

Sieber v. Alphonsus

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1917
176 App. Div. 932 (N.Y. App. Div. 1917)
Case details for

Sieber v. Alphonsus

Case Details

Full title:WILLIAM H. SIEBER, Respondent, v. JOSHUA S. ALPHONSUS, Appellant

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

Date published: Jan 1, 1917

Citations

176 App. Div. 932 (N.Y. App. Div. 1917)

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