McDougall v. White — 111 N.Y.S. 1130

Majority

p. 1130

McDOUGALL, Respondent, v. WHITE, Appellant, et al.

(Supreme Court, Appellate Division, Fourth Department.

July 7, 1908.)

Headnote

Action by James S. McDougall against Mary Ann White, impleaded with others.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon questions of law arid-fact, unless the plaintiff within 20 days stipulates to reduce the verdict to the sum of $2.000 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party.

McLENNAN, P. j., votes for affirmance.