Opinion
April 1, 1955.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.
The infant's injuries consisted of a fracture through the shaft of the collarbone on the right side with an upward angulation of about thirty degrees and an impaction of the under surface of the fracture with a noticeable deformity. There were also bruises and contusions over the shoulder and at the base of the neck. The arm was immobilized for five weeks by means of a clavicle belt and in a sling for several weeks thereafter. Use of the arm and shoulder was regained without residual damage, except a slight deformity due to a callous formation, probably temporary in character. The trial court properly exercised his authority in setting the verdict aside as so inadequate as to shock his conscience. Order unanimously affirmed, with $10 costs and disbursements.