Roberts v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of New York

Roberts v. Brooklyn Heights Railroad

72 N.Y.S. 1125

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 1901·Published

Opinion

PER OURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce recovery of damages to the sum of $5,000 and extra allowance proportionately, in which case the judgment, as modified, is affirmed, without costs of this appeal to either party.-

GOODRICH, P. J., and WOODWARD and SEWELL, JJ„ concur. HIRSCHBERG and JENKS, JJ., vote for affirmance.

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PER OURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce recovery of damages to the sum of $5,000 and extra allowance proportionately, in which case the judgment, as modified, is affirmed, without costs of this appeal to either party.-

GOODRICH, P. J., and WOODWARD and SEWELL, JJ„ concur. HIRSCHBERG and JENKS, JJ., vote for affirmance.

Roberts v. Brooklyn Heights Railroad, 72 N.Y.S. 1125 (N.Y. Ct. App. 1901).

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