McCarthy v. International Ry. Co. — 127 N.Y.S. 1130

Majority

p. 1130

McCarthy, Respondent, v. INTERNATIONAL RY. CO., Appellant.

(Supreme Court. Appellate Division, Fourth Department.

January 11, 1911.)

Headnote

Action by Nellie McCarthy against the International Railway 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 $1,000, 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.

SPRING, J., not sitting.