Tewes v. North German Lloyd Steamship Co. — 186 N.Y. 525

Majority

p. 525

Emma Tewes, Respondent, v. North German Lloyd Steamship Company, Appellant.

Headnote

Tewes v. North German Lloyd S. S. Co., 104 App. Div. 619 , reversed.

(Argued May 21, 1906;

decided October 9, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for a loss of baggage through the alleged negligence of defendant.

Joseph larocque, Jr., for appellant.

Lyman W. Jledington for respondent.

Judgment reversed and new trial granted, costs to abide event, unless plaintiff stipulates to reduce her recovery to the sum of fifty dollars, with interest from the date of the loss, with costs, in which event the judgment as reduced is affirmed, without costs of this appeal, on opinion in Tewes v. North German Lloyd, S. S. Co. ( 186 N. Y. 151 ).

Concur: Gray, Edward T. Bartlett, Werner and Hiscock, JJ. Dissenting : Cullen, Ch. J., and Haight, J. Absent: O’Brien, J.

Cases cited

Tewes v. North German Lloyd Steamship Co. 186 N. Y. 151 N.Y. 1906-10-09 p. 525