262 A.D. 881 | N.Y. App. Div. | 1941
As a result of the explosion of inflammable gas, caused by the negligence of defendants, one Lina Garnsey was severely burned and died. Her administratrix sues to recover damages: (1) for the decedent’s injuries, pain and suffering prior to her death, pursuant to sections 119 and 120 of the Decedent Estate Law; and (2) for the death of the decedent, pursuant to section 130 of the Decedent Estate Law. The jury rendered a verdict of $10,000 on the first cause of action and $423.65 on the second cause of action. Defendants appealed from the judgment but subsequently paid $423.65 in partial satisfaction of the judgment. Defendants’ ■ sole contention is that the verdict of $10,000 for the decedent’s injuries, pain and suffering prior to her death is excessive. Judgment, in so far as it relates to the first cause of action (personal injuries, pain and suffering), reversed on the facts and a new trial granted as to that cause of action, with costs to abide the event, unless within ten days from