107 N.Y.S. 31 | N.Y. App. Term. | 1907
A car operated by the defendant collided with the plaintiff’s automobile, and this action was brought to recover the damages sustained by reason of such collision. Upon the question of the negligence of the defendant and freedom from negligence of the plaintiff, there was a conflict of evidence. The court below found in favor of the plaintiff. The appellant urges that the judgment is against the weight of evidence. An examination of the record does not support such contention. The judgment rendered was for the sum of $500, the extreme limit for which the court had jurisdiction. The items of damage proven were $148 for repairs to the machine, and the sum of $69.*70 for a new tire. The difference between the total of these two items and the amount of the judgment is for the usable or rental value of the automobile, which a witness testified was $200 per week for a
Judgment reversed and new trial ordered, with costs to appellant to" abide the event, unless plaintiff will stipulate within five days to reduce the judgment to $217.70 and appropriate costs in the court below, in which event, the judg
Gildeesleeve and Leventritt, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulate within five days to reduce judgment to $217.70 and appropriate costs in court below, in which event judgment as so modified affirmed, without costs of this appeal.