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57 Jones & S. 145

Brooks v. Ludin

The Superior Court of New York City · decided 1889-06-28

Appeal by plaintiff from judgment entered on verdict in his favor, and from order denying a motion for a new trial, on the ground that the damages given by the verdict were sufficient. Section 99,-Code Civil Procedure. The facts sufficiently appear in the opinion and head notes.

Decided 1889-06-28

By the Court.—Sedgwick, Ch. J.

¶1There was no exception taken at the trial which entitled the appellant to a reversal of the judgment.

¶2The opinion of the learned judge, denying the new trial for the insufficiency of the verdict, was plainly correct. Besides the right of the jury to determine that the extent of the plaintiff’s injuries and their effects had been exaggerated by him in his testimony, and to duly weigh the testimony of the plaintiff’s physician on the same points, there was testimony on the side of the defendant as to incidents and appearances, that, if believed, would re*147quire the jury to consider that the plaintiff’s testimony was not accurate.

¶3The learned counsel thinks that, at least, the verdict should have been as large as the medical expenses of the plaintiff as sworn to by himself and by his physician. The jury, however, was not bound to find for the face of the bill rendered. The case was not serious and the treatment was simple. Eight dollars a visit was charged. But the physician, and no other witness, testified that the charge was reasonable or customary. The bill had not been paid by plaintiff.

¶4The jury were bound to give only such damages as were proved.

¶5Judgment and the order appealed from affirmed, with costs.

¶6Freedman and Truax, JJ., concurred.

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