Cheesebro v. Corning — 172 N.Y. 626

Majority

p. 626

Fitzhugh A. Cheesebro, Respondent, v. Anna Corning, Appellant.

Headnote

Cheesebro v. Corning, 61 App. Div. 612 , affirmed.

(Argued October 15, 1902;

decided October 31, 1902.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 8, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.

John Van Voorhis and Brown db Poole for appellant.

George D. Reed for respondent.

Judgment affirmed, but as the court think the damages in this case are excessive and as this court cannot reverse on that account or reduce the damages, the affirmance is without costs; no opinion.

Concur: Parker, Ch. J., Gray, Bartlett, Haight, Martin and Cullen, JJ. Not voting : Werner, J.