Appellate Division of the Supreme Court of New York, 1943

Daggar v. MacNaughton

Daggar v. MacNaughton
Appellate Division of the Supreme Court of New York · Decided January 27, 1943
265 A.D. 1036; 40 N.Y.S.2d 169; 1943 N.Y. App. Div. LEXIS 6726
Daggar v. MacNaughton

Opinion of the Court

Memorandum: Proof sufficient to sustain the finding of the jury as to the item of $946 allowed by them for loss of profits is lacking. The verdict should be reduced accordingly. All concur, except Harris, J., who dissents and votes for affirmance. (As to measure of damages see Steitz v. Gifford, 280 N. Y. 15.) (The judgment is for plaintiff in an automobile negligence action. The order denies-a motion for a new trial.) Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

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