Scarpati v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of New York

Scarpati v. Metropolitan Street Railway Co.

74 N.Y.S. 499

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 1902·Published

Opinion

PER CURIAM.

The amount of damages awarded in this case is clearly excessive. If the plaintiff will stipulate to reduce the judgment as entered to* the sum of $10,996.95, the same as so reduced, and the order denying motion for new trial, will be affirmed, without costs to either party on this appeal. Unless such stipulation be given, the judgment and order will be reversed, and a new trial ordered, with costs to the appellant to abide event.

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PER CURIAM.

The amount of damages awarded in this case is clearly excessive. If the plaintiff will stipulate to reduce the judgment as entered to* the sum of $10,996.95, the same as so reduced, and the order denying motion for new trial, will be affirmed, without costs to either party on this appeal. Unless such stipulation be given, the judgment and order will be reversed, and a new trial ordered, with costs to the appellant to abide event.

Scarpati v. Metropolitan Street Railway Co., 74 N.Y.S. 499 (N.Y. Ct. App. 1902).

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