subdivisions of the complaint therein designated
Fourth and Fifth, except denies any knowledge
or information thereof sufficient to form a belief
as to alleged injuries.

SECOND: Denies upon information and belief the allegations contained in the paragraph or subdivision of the complaint therein designated Sixth, except denies any knowledge or information thereof sufficient to form a belief as to alleged injuries and as to alleged amount of damages.

20

FURTHER ANSWERING THE COMPLAINT THE DE

FENDANT ALLEGES :

THIRD: Upon information and belief that the automobile of the defendant mentioned in the complaint was operated and controlled in compliance with the Municipal Ordinances of the City of New York and the Motor Vehicle Laws of the State of New York.

WHEREFORE, defendant demands judgment that the complaint herein be dismissed together with the costs and disbursements of this action.

Plaintiff, for his Bill of Particulars, by JoSEPH F. RUGGIERI, his attorney, alleges:

1. Front part.

2. The defendant was traveling in a southerly direction on Third Avenue. The accident happened at or near the intersection of the northwest corner of 14th Street and Third Avenue, in the Borough of Manhattan, City of New York.

3. The plaintiff will claim the defendant was negligent in the operation and control of his automobile in operating same at a careless and negligent manner, in driving same at a fast and unlawful rate of speed under the circumstances, in not having said automobile under proper control, in not sounding any warning of its approach, and in violation of an ordinance of the City of New York granting pedestrians crossing at street intersections the right of way over vehicles.

4. The plaintiff sustained the following injuries: An irregular fracture of the scapula

24

Plaintiff's Bill of Particulars.

25

26

running across its body at the level of the in-
ferior border of the glenoid process. A trans-
verse fracture of the mid-axillary line of the
third rib, the fourth rib slightly posterior to this
and the fifth rib in the posterior axillary line.
The fractured scapula is a permanent condition
and plaintiff is still suffering from the results
of the same. Plaintiff is informed that the suf-
fering of this pain is a permanent condition.
Plaintiff is still suffering from severe pains as
a result of the injuries received as a result of
this accident. Plaintiff paid approximately
$72.50 for doctor's and hospital bills.

5. Plaintiff was confined to his bed for a
period of twenty-eight days, at his home for a
period of sixty days, and was confined to his
hospital for a period of eleven days.

6. Plaintiff was a bricklayer's helper, a member of a local union, making a daily wage of $9.50; the plaintiff's approximate annual income being around $2400. Plaintiff claims that he has lost in wages as a result of this accident approximately $7000.

JOSEPH F. RUGGIERI,

Attorney for Plaintiff,
Office & P. O. Address,

50 Court Street,
Borough of Brooklyn,

City of New York.
To:
WILLIAM A. EARL, Es..,
Attorney for Defendant,
110 William Street,

New York City.

27

(Verified October 7, 1930.)

28

Extract from Clerk's Minutes.

At a Trial Term of the Supreme Court

of the State of New York held in
and for Kings County, at the Court
House in the Borough of Brooklyn,
on the 5th and 8th days of June,

1931.
Present:
Hon. MITCHELL May,

Justice.

SEBASTIAN PORRAZZO

VS.

No. 11492
Part 5

29

CHARLES S. BONANNO.

This cause having been called for trial in its order on the calendar, and twelve trial jurors having been duly drawn, empanelled and sworn to try the same, the jury come into court and say that they find a verdict for the plaintiff for the sum of $5,000.00.

Defendant's counsel moves to set aside the verdict as against the evidence, the weight of the evidence and on all the grounds stated in Section 549 of the Civil Practice Act, except as to inadequacy.

June 12, 1931—Motion to set aside the verdict granted.

June 13, 1931-May, J.-Order signed granting defendant's motion to set the verdict aside.

30

An extract from the minutes.

JOHN N. HARMAN,

Clerk.

31

Order Setting Aside Verdict and Granting

New Trial, Appealed From.

At a Trial Term, Part V of the Su

preme Court of the State of New
York, held in and for the County of
Kings, at the Court House, in the
Borough of Brooklyn, City of New
York, on the 13th day of June, 1931.

Present:
HONORABLE MITCHELL May,

Justice.

[SAME TITLE.]

32 The above-entitled action having duly come on for trial before Mr. Justice MITCHELL May and a jury at Trial Term, Part V of the Supreme Court, Kings County, on the 5th, 8th and 9th days of June, 1931, the issues having been tried and the plaintiff having appeared by Joseph F. Ruggieri, his attorney, and the defendant, Charles S. Bonanno, having appeared by William A. Earl, his attorney, John P. Carson, of counsel, and the jury having determined in favor of the plaintiff and against the defendant, Charles S. Bonanno, in the sum of $5,000, and the defendant, Charles S. Bonanno, having duly moved to set aside the verdict and for a new trial, on all the grounds specified in Section 549 of the Civil Practice Act 33 excepting the grounds of inadequacy of damages, and after hearing the respective counsel with respect to said motion on June 12th, 1931, and after due deliberation thereon, it is

ORDERED that the said motion of said defendant, Charles S. Bonanno, made after the rendition of the verdict to set the same aside and for a new trial, be and the same hereby is granted