Shaper v. Davis

Appellate Division of the Supreme Court of New York

Shaper v. Davis

87 N.Y.S. 1148

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 29, 1904

StatusPublished

This text of 87 N.Y.S. 1148 (Shaper v. Davis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shaper v. Davis, 87 N.Y.S. 1148 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

Judgment reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law and of fact, unless the plaintiff stipulates to reduce the verdict by deducting therefrom the sum of $103 as ■of the date of the rendition thereof, in which event the-judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party. Held, that the evidence does not satisfactorily establish that the defendant was suffering from the disease claimed by the plaintiff, and which warranted a charge of two dollars per day from the 25th day of January to •the 15th day of July, 1902, as allowed by the referee.

SPRING and STOVER, JJ„ dissent.

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PER CURIAM.

Judgment reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law and of fact, unless the plaintiff stipulates to reduce the verdict by deducting therefrom the sum of $103 as ■of the date of the rendition thereof, in which event the-judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party. Held, that the evidence does not satisfactorily establish that the defendant was suffering from the disease claimed by the plaintiff, and which warranted a charge of two dollars per day from the 25th day of January to •the 15th day of July, 1902, as allowed by the referee.

SPRING and STOVER, JJ„ dissent.

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Bluebook (online)

87 N.Y.S. 1148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaper-v-davis-nyappdiv-1904.