Costello v. International Harvester Co. — 115 N.Y.S. 1116

Majority

p. 1116

COSTELLO, Respondent, v. INTERNATIONAL HARVESTER CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 17, 1909.)

Headnote

Action by Michael Costello against the International Harvester Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless the plaintiff within 20 days stipulates to reduce the verdict to the sum of $1,500 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., and KRUSE, J., dissent, and vote for absolute reversal.