Appellate Division of the Supreme Court of New York, 1948

Williams v. Lee & Simmons, Inc.

Williams v. Lee & Simmons, Inc.
Appellate Division of the Supreme Court of New York · Decided May 10, 1948
273 A.D. 1015; 78 N.Y.S.2d 920; 1948 N.Y. App. Div. LEXIS 5795
Williams v. Lee & Simmons, Inc.

Opinion of the Court

Plaintiff, a longshoreman, while engaged in removing cargo from a barge, was injured when a heavy wooden case or cases which had been loaded by appellant in tiers seven feet high, fell, struck him and fractured his ankle. The jury awarded plaintiff a verdict for $7,500. Judgment reversed on the facts and a new trial granted, with costs to abide the event, unless within ten days after the entry of the order hereon plaintiff stipulates to reduce the verdict to $5,500, in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion, the verdict was excessive. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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