Greenstein v. Dembling
HYMAN GREENSTEIN v. SAMUEL DEMBLING
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam.
Plaintiff has a verdict of $6,500. Under the rule to show cause and the reasons assigned the sole ground urged for setting aside this verdict is its alleged inadequacy. The plaintiff was seriously and permanently injured. His hip was fractured and the injury resulted in a shortening of'his leg two and one-quarter inches and a paralyzing or loss of function of a foot.
His medical and hospital bills amounted to $736.35 and his loss of earning up to the time of trial amounted to about $5,000, thus leaving him, by the verdict, less than $1,000 for pain and suffering and disability.
We think the verdict is clearly inadequate. The defendant argues that if set aside the verdict should be set aside in all respects as the evidence of negligence is doubtful. We conclude that this is not so, but that on the contrary the proofs in that direction are most convincing.
The rule to show cause is made absolute, and a venire de novo awarded as to the question of damages only.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.