Rost v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of New York

Rost v. Brooklyn Heights Railroad

45 N.Y.S. 1147

Appellate Division of the Supreme Court of the State of New York·Decided June 8, 1897·Published

Opinion

No opinion. Judgment and order reversed, and new trial granted, costs to abide the event, unless the plaintiff within 20 days stipulates to .reduce the recovery of damages to $20,000 and- extra allowance proportionately. In that event, the judgment is so modified, and as modified affirmed, without costs of this appeal to either party. All concur, except GOODRICH, P. J., who dissents solely on the ground that the recovery, as thus reduced, is excessive. See 41 N. Y. Supp. 1069, 1130.

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No opinion. Judgment and order reversed, and new trial granted, costs to abide the event, unless the plaintiff within 20 days stipulates to .reduce the recovery of damages to $20,000 and- extra allowance proportionately. In that event, the judgment is so modified, and as modified affirmed, without costs of this appeal to either party. All concur, except GOODRICH, P. J., who dissents solely on the ground that the recovery, as thus reduced, is excessive. See 41 N. Y. Supp. 1069, 1130.

Rost v. Brooklyn Heights Railroad, 45 N.Y.S. 1147 (N.Y. Ct. App. 1897).

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Opinion

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