Majority
p. 1139PRICE, Respondent, v. CONEY ISLAND & B. R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. November 10, 1911.)
Headnote
Action by Henry J. Price against the Coney Island & Brooklyn Railroad Company.Judgment and order reversed, and new trial granted, costs to abide the event, unless within 10 days plaintiff stipulate to reduce the amount of the recovery by the sum of $314.25, the sum claimed for damages to his personal property, in which case the judgment, as modified, and the order denying motion for new trial, are affirmed, without costs.
THOMAS, J., votes to reverse.