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Heitman v. Pennsylvania Railroad

115 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1909-03-19 English

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p. 1124
HEITMAN, Respondent, v. PENNSYLVANIA R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 19, 1909.)

Headnote

Action by Jennie Heitman, as administratrix, etc., against the Pennsylvania Railroad Company. j

Judgment and order revers/ed, 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 $5,000 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. T

McLENNAN, P. J., and KRUSE, J., dissent, and vote for absolute affirmance.