Bjers v. Rochester Railway Co. — 107 N.Y.S. 1121

Majority

p. 1121

BJERS, Respondent, v. ROCHESTER RY. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department

November 27, 1907.)

Headnote

Action by Gus Bjers against the Rochester Railway Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless the appellant within 20 days stipulates to reduce the verdict to the sum of $50 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, affirmed, without costs of this appeal to either party.

ROBSON, J., dissents, and votes for affirmance.