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Gravier v. Star Co.

111 N.Y.S. 1121 Court N.Y. App. Div. Decision date 1908-06-19 English

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Majority

p. 1121
GRAVIER v. STAR CO.
(Supreme Court, Appellate Division, First Department.
June 19, 1908.)

Headnote

Appeal from Trial Term. Action by Henry Gravier against the Star Company. From a judgment for plaintiff, and an order denying motion for new trial, defendant appeals.
Reversed, unless plaintiff shall stipulate to reduce the verdict, in which event the judgment, as modified, to be affirmed.
Clarence J. Shearn, for appellant.
Hugo Wintner, for respondent.

The verdict in this case was excessive, and on that ground the judgment and order must be reversed, and a new trial ordered, with costs to appellant to abide event, unless plaintiff shall stipulate to reduce the verdict to $500, in which event the judgment, as so modified, and order, affirmed, without costs to either party on this appeal.