Powers v. Nathan Straus, Inc.
Powers v. Nathan Straus, Inc.
Opinion of the Court
This suit was instituted by Mrs. Powers to recover compensation for injuries received by her while in the store of the defendant corporation as a customer. Her husband is joined as a co-plaintiff, and seeks to recover moneys expended by him in the treatment of his wife’s injuries, and also for the loss of her services and society. The trial resulted in verdicts in favor of the plaintiffs, the jury awarding Mrs. Powers $4,000 and her husband $500. We are asked to set aside these verdicts on two grounds: first, because they are contrary to the weight of the evidence; and, second, because they are excessive.
The case submitted by the plaintiffs showed that Mrs. Powers, on the 11th of February, 1930, went into the store of the defendant corporation to purchase some fish and clams. After purchasing the fish, she was told by the clerk that they
The contention in support of the first ground for setting the verdicts aside is that the proof that Mrs. Powers had been invited to come to the rear of the store and the end of the counter was contrary to the great weight of the evidence, and that, in fact, the proof submitted by the defendant practically demonstrated that she had disregarded the instruction of the clerk in coming there. We are not impressed with this contention. On the contrarjq our examination of the proofs satisfies us that the jury was fully warranted in determining that the accident happened under the conditions testified to by the plaintiff Mrs. Powers and her witness. This being so, we conclude that the first ground for setting aside the verdicts is without merit.
As to the second contention—namely, that the verdicts are excessive—our examination of the proof with relation to the character of the injury and the subsequent miscarriage satis
Reference
- Full Case Name
- ANTONETTE POWERS ET UX. v. NATHAN STRAUS, INCORPORATED
- Cited By
- 2 cases
- Status
- Published