34 A.D. 217 | N.Y. App. Div. | 1898
This case comes before us for the second time, after a second trial, upon which the damages awarded to the plaintiff ($6,000) were
On the part of the defendant it is earnestly insisted that the accident was really due to the negligent manner in which the plaintiff and his fellow-workmen made use of the push stick at the time when it broke; but while there was testimony which would have -warranted the jury in adopting that view, we do not think that they were bound to adopt it. Indeed, it may fairly be inferred, from the testimony of those who were present at the accident, that there was nothing out of the ordinary course in the manner in which they attempted to move the car to which the stick was applied.
Two rulings as to the admission of' evidence are assigned as error. An expert in the. examination of different kinds of wood was asked
Although the amount of the plaintiff’s recovery has been so-largely increased upon the second trial, we cannot say that the verdict was excessive. The plaintiff’s jaw was badly brokenthe injury was not only very painful, but its effects will be permanent, disfiguring his face for life. The case is-not one in which the court would be justified in reducing the award of damages.
It follows that the judgment and order should be affirmed.
Hatch, J., absent.
Judgment and order unanimously affirmed, with costs.