NORTHRUP v. FERRUCCI

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: In our view the damages awarded to the plaintiff are grossly excessive, and indicate that the jury, although instructed to do so, failed to disregard incompetent evidence. Moreover, we think that plaintiff's counsel's insistence on injecting into the case incompetent evidence bearing upon the physical condition of Mrs. Northrup and her child and not connected with the accident deprived defendants of a fair trial. (See McCormick v. Merritt, 232 App. Div. 619.) All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.)