(Download) "Vincent Baynes v. City New York Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Vincent Baynes v. City New York Et Al.
- Author : Supreme Court of New York
- Release Date : January 05, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Concededly, the defendant Smith struck plaintiff over the head with his night stick, inflicting serious injuries which included a fracture of the skull and the loss of sight of an eye. Plaintiff claimed that, without any provocation, the blow was struck in the back room of the police station after Smith had arrested him for disorderly conduct; defendants claimed that Smith hit plaintiff while in the street, on the way to the police station, after Smith was attacked by plaintiff. The record thus presented an issue of fact which was primarily for the jury to determine; and, in our opinion, the finding in plaintiff's favor was not against the weight of the evidence. We are also of the opinion that the award of $70,000 as compensatory damages was not excessive for the injuries sustained. However, we find no proof in the record to justify any assessment for punitive damages against defendant City of New York (cf. Craven v. Bloomingdale, 171 N. Y. 439; Cope v. Wanamaker, 249 App. Div. 747, affd. 274 N. Y. 622; Snyder v. State of New York, 20 A.D.2d 827). Disposition Judgment modified on the law and the facts by reducing to $70,215.25 the recovery against the defendant City of New York; and as so modified, judgment, insofar as appealed from, affirmed, without costs.
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