Lang v. Bronx Waterworks Corp.

Appellate Division of the Supreme Court of New York

Lang v. Bronx Waterworks Corp.

250 A.D. 880, 297 N.Y.S. 700, 1937 N.Y. App. Div. LEXIS 9545

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 1937·Published

Opinion

In an action to recover damages for injuries by water to crops growing on plaintiff’s farm land, judgment and order reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon plaintiffs stipulate to reduce to the sum of $3,500 the amount of the verdict rendered in their favor; in which event the judgment, as so reduced, and the order are affirmed, without costs. In our opinion the verdict is excessive. Lazansky, P. J., Adel and Close, JJ., concur; Hagarty and Davis, JJ., dissent and vote to affirm without modification.

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In an action to recover damages for injuries by water to crops growing on plaintiff’s farm land, judgment and order reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon plaintiffs stipulate to reduce to the sum of $3,500 the amount of the verdict rendered in their favor; in which event the judgment, as so reduced, and the order are affirmed, without costs. In our opinion the verdict is excessive. Lazansky, P. J., Adel and Close, JJ., concur; Hagarty and Davis, JJ., dissent and vote to affirm without modification.

Lang v. Bronx Waterworks Corp., 250 A.D. 880, 297 N.Y.S. 700, 1937 N.Y. App. Div. LEXIS 9545 (N.Y. Ct. App. 1937).

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