Hyperlawhypertext legal database Hallberg v. New York Central & Hudson River Railroad 153 A.D. 889

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Hallberg v. New York Central & Hudson River Railroad

153 A.D. 889 Court N.Y. App. Div. English

Decision Majority · Dissent — Ingraham, P. J. (dissenting):

Contents
p. 889
Peter Hallberg, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant, Impleaded with James McCullagh.

Headnote

Appeal from a judgment of the Supreme Court, entered on the 30th day of April, 1913, upon the verdict of a jury and from an order entered on the 1st day of May, 1913, denying a. motion for a new trial.

Judgment and order reversed, new trial ordered, with costs to appellant to abide event, upon the ground that the verdict is excessive, unless plaintiff stipulates to reduce the verdict to $10,000, in which event the judgment as so reduced and the order appealed from affirmed, without costs. Order to be settled on notice. Present — Ingraham, P. J. (dissenting), McLaughlin, Laughlin, Miller'and Dowling, JJ.

I dissent and vote for a reversal of the judgment and a new trial. I am of opinion that the verdict of the jury upon the ground that the defendant was negligent is not sustained by the evidence.