16 A.D. 223 | N.Y. App. Div. | 1897
The action was brought to recover damages for injuries to the plaintiff alleged to have been caused by the negligence of the defendant.. The injuries were received in an accident which took place at Forty-second street and Third avenue, New York city, at-five-thirty a. m. 'of January 23,1895. Tlie plaintiff was crossing Third avenue along the northerly side of Forty-second street, walkingin an easterly direction ; as he approached the street railroad tracks a cable car was. going northerly on the easterly track. Plaintiff halted before crossing any of the tracks, and this car passed in front of him.. Then he attempted to cross the tracks and was struck by defendant’s brewery wagon and team, which were going south on the westerly track. He was thrown down and run over by the team and wagon wheels, and received very serious injuries. This action was brought to recover damages for such injuries. There was a serious conflict' in the evidence as to the manner in which the team was being driven at the time of the accident. The wagon was a heavy one and was loaded with beer in barrels, and was on its way to Brooklyn, where the beer was to be delivered. The plaintiff’s evidence was to the effect that at the time of the accident the driver was asleep on his seat, that he was not holding the lines in his hands, but the lines were tied up to the cover of the wagon, and that the horses were going down the avenu'e at a rate of six to seven miles an hour. The defendant’s evidence was tb tile effect that the driver was awake and had the lines in his hands and the horses were going at a slow trot. The questions'of fact upon this conflicting evidence were submitted to thé jury, and it must be assumed the jury believed the plaintiff’s evidence and found the
The only other question suggested by the appellant relates to the amount of the verdict. The damages are claimed to have been excessive. The jury awarded $12,500. The plaintiff was a comparatively young man about thirty-two years of age. He was a cab driver' and was earning prior to the accident twelve dollars per week: His injuries were of a very serious nature. ■ He suffered a compound fracture of the jaw and comminuted fracture of both legs, and the-condition of the legs is shown by the photographs in the record." While this court has the power to exercise its judgment as to the amount of the verdict in a negligence case, and. to afford relief where it is satisfied that the amount of damages awarded is excessive,, we- do not think this is a casé where such relief should be afforded. It is a large verdict, but we cannot say.it is too large, in view of the injuries received by the plaintiff.
The judgment and order appealed from should be affirmed, with costs.
Yam Brunt, P. J., O’Brien, Ingraham and Parker, JJ., concurred.
Judgment and order affirmed, with costs.