PRESUTTI v. McCORMACK


36 N.J. Super. 43 (1955)

114 A.2d 723

MICHAEL PRESUTTI, PLAINTIFF-RESPONDENT, v. BRIDIE MARY McCORMACK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1955.


Attorney(s) appearing for the Case

Mr. Walter W. Gehringer argued the cause for the defendant-appellant (Messrs. Winne & Banta, attorneys).

Mr. Edward J. Madden argued the cause for the plaintiff-respondent (Mr. Samuel M. Cole, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.


The opinion of the court was delivered by FREUND, J.A.D.

The plaintiff recovered a jury verdict of $5,000 against the defendant for personal injuries.

On appeal, the question of the defendant's liability is not raised, the appellant arguing only two points: (1) that the verdict was shockingly excessive and not supported by the weight of the evidence, and (2) that the amount indicates the jury was swayed by mistake, passion, prejudice or partiality.

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