McGinn v. Slattery Rock Corp.

Although the record indicates that the fracture suffered by the infant plaintiff was not very painful and that it healed without complications the award in the sum of $250 is deemed inadequate. The injury required a closed reduction operation under anaesthesia followed by a plaster cast on the arm extending from the knuckles to the elbow which the infant wore for two and a half weeks. The plaster cast was replaced by a fabric type cast cover for six weeks.

The judgment should be reversed and a new trial ordered, with $30 costs, unless plaintiff and defendant, within 10 days after service of a copy of the order entered hereon, stipulate to modify the judgment so as to increase the infant’s recovery to $750, in which event judgment as modified affirmed, without costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.