Appellate Division of the Supreme Court of New York, 1933

Augerot v. Buzzelli

Augerot v. Buzzelli
Appellate Division of the Supreme Court of New York · Decided June 15, 1933
240 A.D. 750
Augerot v. Buzzelli

Opinion of the Court

Per Curiam.

We find insufficient proof that the goitre resulted from the mishap. That physical condition was an important element in the case in view of the size of the verdict. Furthermore, the learned trial court erroneously declined to charge that the testimony of Dr. Dodge Was not sufficient in and of itself to indicate by inference that the accident in question caused the goitre. All concur. Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

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