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O'CONNELL v. BROS. TRUCK RENTAL CO., INC.

42 A.D.2d 520 (1973)

Maureen O'Connell, an Infant, by Her Mother and Natural Guardian, Kathleen O'Connell, et al., Respondents, v. Brothers Truck Rental Co., Inc., et al., Appellants

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

June 7, 1973

We can neither overlook nor condone the conduct of plaintiff's counsel in seeking to inflame the jury. And we believe the court could have shown greater firmness in dealing therewith. A fair issue of fact was presented and we do not find anything in the record to show that the jury reached its conclusion on liability as a result of improper influence. It is otherwise with the question of damages. We find that these were inflated...

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