Wittgren v. Wells Brothers — 172 A.D. 896

Majority

p. 896

Elsa Wittgren, as Administratrix, etc., of Nies Bernhard Wittgren, Deceased, Respondent, v. Wells Brothers Company of New York, Appellant.

Judgment and order reversed and new trial granted, costs to abide the event, solely upon the ground that the verdict is for excessive damages, unless the plaintiff stipulate within twenty days that the verdict be

p. 897

reduced to the sum of $13,500, in which event the judgment as so modified and the order are unanimously affirmed, without costs. Jenks, P. J., Carr, Stapleton, Mills and Rich, JJ., concurred.