Fox v. New York, Ontario & Western Railway Co.

Majority

p. 614

Isabel Fox, Respondent, v. New York, Ontario and Western Railway Company, Appellant.

Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $12,160.02; in which event ‘the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.