Samuel Choquette vs. Herman L. Bennett

Samuel Choquette vs. Herman L. Bennett. First Judicial District, Hartford, March Term, 1930. Wheeler, C. J., Maltme, Haines, Hinman and Banks, Js. Argued March 4th decided March 6th, 1930. William A. Bree, with whom was H. Frederick Day, for the appellant (defendant). Edward J. Daly, with whom was Cornelius D. Shea, for the appellee (plaintiff). [MAJORITY — Per Curiam.] Per Curiam. This appeal is pursued upon the sole ground that the damages are excessive. The special damages might reasonably have been found to be $2315.25. The physical injury was severe and included a twenty-five per cent permanent partial disability to plaintiff’s left leg. Although he was seventy-one years of age at the time of this accident it cannot be held as matter of law that the assessment of damages of $4200 for the injury plaintiff suffered is excessive, giving due weight to the trial court’s denial of defendant’s motion to set aside the verdict. There is no error.