Sturman v. New York Central Railroad Company

Full title: FRANCES NEWMAN STURMAN, Respondent, v. THE NEW YORK CENTRAL RAILROAD…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 26, 1940

258 App. Div. 948 (N.Y. App. Div. 1940)

Opinion

January 26, 1940.

Appeal from Supreme Court, New York County.

Present — Martin, P.J., Glennon, Dore, Cohn and Callahan, JJ.; Martin, P.J., and Cohn, J., dissent in separate memoranda.

Judgment affirmed, with costs. No opinion.

MARTIN, P.J. (dissenting).

I dissent and vote to reverse the judgment and to dismiss the complaint. The accident in which the plaintiff was injured "happened solely through" the "negligence" of the driver of the automobile in which she was a passenger. ( Sturman v. State of New York, 244 App. Div. 865; affd., 269 N.Y. 627.)

COHN, J. (dissenting).

I dissent and vote to reverse the judgment and grant a new trial solely upon the ground that the amount of the verdict is excessive. In my view the judgment should be reversed and a new trial ordered unless plaintiff stipulates to reduce the verdict to the sum of $65,000.