Strutz v. Rochester Railway Co.

Appellate Division of the Supreme Court of New York

Strutz v. Rochester Railway Co.

85 N.Y.S. 1148

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 1903·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon questions of law and fact, unless the plaintiff stipulates to modify the judgment by reducing the verdict to $5,-500 as of the date of rendition thereof, in which event, the judgment, as so modified, and order, are affirmed, without costs of this appeal to either party.

STOVER, J.,

votes for affirmance, without modification, and McLENNAN, P. J:, votes for reversal, upon the ground that the verdict was against the weight of the evidence.

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PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon questions of law and fact, unless the plaintiff stipulates to modify the judgment by reducing the verdict to $5,-500 as of the date of rendition thereof, in which event, the judgment, as so modified, and order, are affirmed, without costs of this appeal to either party.

STOVER, J.,

votes for affirmance, without modification, and McLENNAN, P. J:, votes for reversal, upon the ground that the verdict was against the weight of the evidence.

Strutz v. Rochester Railway Co., 85 N.Y.S. 1148 (N.Y. Ct. App. 1903).

Pincite

85 N.Y.S. 1148 (Strutz v. Rochester Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.