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6 N.J. Misc. 205

Kalinowsky v. Kaplowitz

Supreme Court of New Jersey

Decided January 5, 1928

Supreme Court of New Jersey · decided 1928-01-05

Decided 1928-01-05

Per Curiam.

¶1Plaintiff has a verdict for $2,500 for personal injuries. The rule before us is limited 'to the amount of the verdict, which is said to be excessive under the evidence.

¶2We find this to be so.

¶3Plaintiff did not produce any of the three physicians who attended him.

¶4The evidence of injury and disability came from the plaintiff himself and a physician who examined but did not treat him.

¶5The principal complaint appears to be a restricted use of the joint of the right shoulder.

¶6This plaintiff’s physician witness said was “due to some injury or some other cause.”

¶7The only other medical testimony was that of a physician called bjr the defendants, who testified to finding two scars on plaintiff’s forehead, and, although there was a complaint of pain in the right shoulder, he had good function of the shoulder, and he could not determine any cause for the pain.

¶8The verdict was therefore not warranted by the proofs, and the rule to show cause is made absolute and a venire de novo is ordered to the end that a new trial may be had upon the question of damages only.

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