NORTHRUP v. FERRUCCI


276 A.D. 820 (1949)

Jeannette Northrup, Respondent, v. Katherine S. Ferrucci et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1949.


Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

In our view the damages awarded to the plaintiff are grossly excessive, and indicate that the jury, although instructed to do so, failed to disregard incompetent evidence. Moreover, we think that plaintiff's counsel's insistence on injecting into the case incompetent evidence bearing upon the physical condition of Mrs. Northrup...

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