Nelson v. Hutchinson — 112 N.Y.S. 1138

Majority

p. 1138

NELSON, Respondent, v. HUTCHINSON, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

September 30, 1908.)

Headnote

Action by Ora Nelson against Orville Hutchinson.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff within 20 days stipulates to reduce the verdict to the sum of $87.50 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.

SPRING, J., votes for reversal on the ground that the verdict of the jury is contrary to and against the weight of the evidence.