Swingle v. Empire State Dairy Co.

123 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1910-05-04 English

Contents

Majority

p. 1143

SWINGLE, Respondent, v. EMPIRE STATE DAIRY CO., Appellant.

(Supreme Court, Appellate Division, Third Department.

May 4, 1910)

Headnote

Action by Alton W. Swingle against the Empire State Dairy Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless plaintiff stipulates to reduce the damages to $500, in which case the judgment, as so modified, and order, affirmed, without costs.

HOUGHTON, J., votes for reversal.