WICKS v. HENKEN

No. 408, Docket 30706.

378 F.2d 395 (1967)

Alan J. WICKS, Plaintiff-Appellee, v. Milton HENKEN, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 25, 1967.


Attorney(s) appearing for the Case

George R. Ruditz, New York City (Weisman, Celler, Allan, Spett & Sheinberg, Murray C. Spett, Abraham Shapiro, New York City, on the brief), for appellant.

Samuel R. Miserendino, Buffalo, N. Y. (Miserendino, Krull & Foley, Richard C. Wagner, Buffalo, N. Y., on the brief), for appellee.

Before LUMBARD and MOORE, Circuit Judges, BARTELS, District Judge.


PER CURIAM.

Defendant-appellant, Milton Henken, appeals from a judgment in the sum of $29,500 entered against him upon a jury verdict. Liability is not in issue; appellant argues only that the award is grossly excessive.

On September 14, 1961, plaintiff-appellee, Alan J. Wicks, a passenger in a truck, was thrown from the truck into a roadside ditch when the truck was struck by a motor vehicle driven by defendant. Plaintiff sustained injuries to his right side...

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