Hyperlawhypertext legal database Howell v. New York Cent. & H. R. R. 102 N.Y.S. 1139

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Howell v. New York Cent. & H. R. R.

102 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1907-01-23 English

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p. 1139
HOWELL, Respondent v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 23, 1907.)

Headnote

Action by Harry Howell against the New York Central & Hudson River Railroad Company.

Judgment and order re~ versed, and new trial ordered, with costs to the appellant to abide the event unless the plaintiff stipulates to reduce the verdict to the sum of $2,000 as of the date of the rendition thereof, in which e~vent the judgment as so modified and the order are affirmed, without costs of this appeal to either party.

KRUSE and ROBSON, JJ., dissent, and vote for affirmance.