3 N.J. Misc. 1030 | N.J. | 1925
The female plaintiff, while alighting from a trolley car of the defendant company, was thrown to the ground by the alleged negligent starting of the car. The suit was brought by herself and husband to recover compensation for the injuries to her and for the expenses incurred by him; as well as compensation for'the loss of her society. The jury awarded the wife $2,500 and the husband $500. The liability of the defendant company was admitted at the trial.
We are asked to set aside these verdicts upon the ground that they are excessive because of the fact that they were based to some extent upon illegal testimony given by a medical expert, one Dr. Willis, who was called by the plaintiff. Tt is asserted by counsel that although this illegal testimony was stricken ont it was subsequently referred to by the court in the charge to the jury as a matter to he considered in fixing the damages. The basis of this contention is contrary to the
The only other ground for making this rule absolute which has been argued before us is that the evidence did not .justify the jury in concluding that the woman’s condition, that is, the retroversion of the uterus, was due to the accident. There was evidence supporting this finding a.nd we cannot say that the proofs to the contrary were of such a character as to justify us in setting aside the verdict on the ground that it was contrary to the weight of the evidence in this respect.
The rule to show cause will be discharged.