Byers v. Cady — 128 N.Y.S. 1116

Majority

p. 1116

BYERS, Respondent, v. CADY, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 8, 1911.)

Headnote

Action by Helen Byers, an infant, etc., against Frank W. Cady.

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 $3,000 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.

MCLENNAN, P. j., and ROBSON, J., dissent, and vote for reversal.