Majority
p. 1144SHEA v. PAPPAS. (Supreme Court, Appellate Division, First Department. March 24, 1910.)
Headnote
Appeal from Trial Term, New York
p. 1145
Bounty. Action by Mamie Shea, an infant, tc., against Nicholas Pappas. From the judgnent, and from an order denying a motion for . new trial, defendant appeals.
Reversed, and lew trial ordered, unless plaintiff stipulate to educe the verdict, in which event the judgment, is so modified, and the order, to be affirmed.
Sidney J. Loeb, for appellant.
George F. Hic:ey, for respondent.
It was error to admit upon he question of damages evidence as to the ex-lenditures by the plaintiff’s mother to the mount of $50. The judgment and order should herefore be reversed, and a new trial ordered, vith costs to appellant to abide event, unless ilaintiff stipulate to reduce the verdict by detecting therefrom the sum of $50, in which vent, the judgment, as so modified, and the irder appealed from, should be affirmed, with osts to the respondent.