Appellate Division of the Supreme Court of New York, 1928

Grier v. H. H. Franklin Manufacturing Co.

Grier v. H. H. Franklin Manufacturing Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1928
225 A.D. 783
Grier v. H. H. Franklin Manufacturing Co.

Opinion of the Court

Judgment and order affirmed, with costs. In affirming this judgment we are not to be taken as agreeing which the learned trial justice in the grounds given by him for his reduction of the amount of the verdict. We think the evidence in relation to epilepsy was properly received (Cross v. City of Syracuse, 200 N. Y. 393), and we affirm the order reducing the verdict on the ground that the same was excessive even with such evidence in the case. AH concur. Present — Clark, Sears, Taylor, Sawyer and Edgcomb, JJ.

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