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ZIPPRICH v. SMITH TRUCKING CO.

2 N.Y.2d 177 (1956)

Jacob F. Zipprich, Respondent, v. Smith Trucking Company, Inc., Appellant. William H. Creaser, Respondent, v. Smith Trucking Company, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 30, 1956.

Attorney(s) appearing for the Case

Hilbert I. Greene for appellant in first above-entitled action.

Hilbert I. Greene for appellant in second above-entitled action.

Paul R. Shanahan and R. J. Shanahan for respondent in first above-entitled action.

Phillip T. Young for respondent in second above-entitled action.

In the Creaser action: CONWAY, Ch. J., DESMOND, DYE and FULD, JJ., concur with FROESSEL, J.; VAN VOORHIS and BURKE, JJ., dissent and vote to reverse and to grant a new trial upon the ground that any causal connection is purely speculative between the first and the second accidents.

FROESSEL, J.

These are two personal injury actions arising out of the same accident. They were tried together, and the liability of appellant was clearly established. The alleged excessiveness of the jury's verdict in each case is beyond the province of this court to review (De Casiano v. Morgan, 308 N.Y. 526; Serano v. New York Central & H. R. R. R. Co., 188 N...

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