Appellate Division of the Supreme Court of New York, 1940

Fry v. Rochester Gas & Electric Corp.

Fry v. Rochester Gas & Electric Corp.
Appellate Division of the Supreme Court of New York · Decided March 6, 1940
259 A.D. 785; 19 N.Y.S.2d 317; 1940 N.Y. App. Div. LEXIS 6629
Fry v. Rochester Gas & Electric Corp.

Opinion of the Court

Judgment and order affirmed, with costs. Memorandum: The question before us turns almost entirely on comfijeting testimony of medical experts. There is evidence to support the jury’s finding that the serious condition on which plaintiff bases his claim was not caused by the accident for which defendants are responsible. We cannot say that the finding is against the weight of the evidence. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies plaintiff’s motion for a new trial on the ground of inadequacy of the verdict.) Present —■ Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.