Neylan v. James Reilly's Sons Co. — 121 N.Y.S. 1140

Majority

p. 1140

NEYLAN, Respondent, v. JAMES REILLY’S SONS CO., Appellant.

(Supreme Court, Appellate Division, First Department.

February 4, 1910.)

Headnote

Action by Patrick Neylan against the James Reilly’s Sons Company.

H. S. Sayers, for appellant.

L. 'Steckler, for respondent.

Judgment and order reversed, and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $2,000, in which event judgment, as

p. 1141

so modified, and order, affirmed, without costs. Settle order on notice.

INGRAHAM, P. J., and LAUGHLIN, J., dissent, and vote for reversal.