Szag v. Pennsylvania Railroad — 125 N.Y.S. 1146

Majority

p. 1146

SZAG, Respondent, v. PENNSYLVANIA R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 15, 1910.)

Headnote

Action by George Szag against the Pennsylvania Railroad Company.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless the plaintiff shall within 20 days stipulate to reduce the verdict to the sum of $6,000 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. 'See, also, 123 N. Y. Supp. 1143 .

SPRING and ICRUSE, JJ., dissent, and vote for affirmance.