Burgess v. Byrnes

229 A.D. 820 Court N.Y. App. Div. English

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Majority

p. 820

Jennie Burgess, Respondent, v. Leo Byrnes, Appellant.

Judgment and order affirmed, with costs. Hinman, Acting P. J., Davis, Hill and Hasbrouck, JJ., concur; Whitmyer, J., dissents and votes for a reversal on the law and the facts, and for a new trial unless the plaintiff stipulates to reduce the verdict to $1,000, and if such stipulation is made the judgment should be so modified and as modified the judgment and order should be affirmed, with costs.