Rupp v. Steiner — 164 A.D. 941

Majority

p. 941

Jacob Rupp, by William Rupp, Guardian ad Litem, Respondent, v.

p. 942

Henry Steiner and Others, Appellants.

Judgment and order reversed and new trial ordered, with costs to appellants to abide event, unless plaintiff stipulates to reduce verdict to $5,000; in which event, judgment as so modified and order affirmed, without costs. Order to be settled on notice. Present—Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ.; Scott and Hotchkiss, JJ., dissented and voted for reversal on the ground that the verdict was against the weight of evidence.