Appellate Terms of the Supreme Court of New York, 1905

Nicolino v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.

Nicolino v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
Appellate Terms of the Supreme Court of New York · Decided June 22, 1905
94 N.Y.S. 1157 (New York Supplement)

Counsel

Bayard H. Ames, and F. Angelo Gaynor, for appellant., Palmieri & Wechsler, for respondent.

Nicolino v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.

Opinion of the Court

PER CURIAM.

There was evidence, which the jury had a right to credit, that the plaintiff had been discharged cured from the hospital in nine days. There was also evidence that on December 29th there was no synovitis, as all evidence of a fractured rib had been struck out. We believe that the verdict should not have been considered inadequate. The order will therefore be reversed, with $10 costs and disbursements, the verdict restored, and judgment entered accordingly.

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