Ruso v. Rycroft

¶1Appeal by plaintiff from an order entered in a negligence action which reduced the verdict of the jury from $5,000 to $3,500. The jury saw and heard the witnesses. The special damages were between $1,200 and $1,300. The evidence sustains the award made by the jury. Order reversed, on the law and facts, and verdict reinstated, with $25 costs and disbursements. Hill, P. J., Brewster, Foster, and Russell, JJ., concur; Deyo, J., dissents.