HAAS v. BROWN


282 A.D. 916 (1953)

Carl H. Haas, Appellant, v. James Brown, Respondent

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

October 28, 1953.


Judgment insofar as appealed from and order reversed on the law and facts, with costs, and verdict of the jury reinstated.

Memorandum:

The court having submitted the issue of the extent of damages to the jury without objection, the sufficiency of the complaint in that regard could not be tested upon a motion for a new trial. The jury having returned a verdict in the amount testified to by the mechanic who repaired plaintiff's car, it was error for the court...

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