Obertz v. Ginsberg
Obertz v. Ginsberg
Opinion of the Court
The infant plaintiff was struck by the defendants’ auto truck as it was turning a corner. There was a verdict in his favor for $1,500 and for his mother per quod of $500. The reasons assigned are that the verdicts are excessive and particularly because the injuries claimed are not shown to be due to the accident.
In view of the fact that it is not claimed that a verdict in favor of the plaintiffs was against the weight of the evidence, we are not concerned with the circumstances of the accident, and, therefore, necessarily assume that some verdict in favor of the plaintiffs was proper. With respect to the amount of damages, it appeared on the trial that the boy plaintiff was slow of comprehension and hard of hearing; his mother said he had always been slow witted. This would seem to account
Prom an examination of the case, it is quite reasonable to infer that the boy was stupid when he was examined by the first doctor, and possibly that the latter failed to give the case the thorough examination that might have been given to it and which would, in all reasonable probability, have resulted in the discovery of these serious injuries in time to deal with them more effectively. However this may he, there is no reason to charge this result upon the plaintiffs.
Our conclusion is that the rule should be discharged.
Reference
- Full Case Name
- LEON OBERTZ, BY VICTORIA OBERTZ, HIS NEXT FRIEND, AND VICTORIA OBERTZ, INDIVIDUALLY v. LOUIS GINSBERG AND LOUIS HYMAN, TRADING UNDER THE FIRM NAME AND STYLE OF THE MIDDLESEX GLASS COMPANY
- Status
- Published