LA GRUTTA v. BLACHLY


278 A.D. 661 (1951)

Joseph La Grutta, Respondent, v. Walter H. Blachly et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 13, 1951.


Judgment reversed on the facts and a new trial granted, with costs to appellants to abide the event.

In view of the removal from the case of the testimony as to stomach ulcers and a herniated disc, and the failure of the plaintiff to establish that aside from such ailments he was incapacitated for the period claimed and obliged to have medical attention testified to by his doctor as a result of the accident, the verdict...

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