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Hallberg v. New York Central & Hudson River Railroad

138 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1912-11-29 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J.

Contents
p. 1119
HALLBERG v. NEW YORK CENT. & H. R. R. CO.
(Supreme Court, Appellate Division, First Department.
November 29, 1912.)

Headnote

Appeal from Trial Term, New York County. Action by Peter Hallberg against the New York Central & Hudson River Railroad Company, impleaded. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant named appeals. Reversed on conditions.
Robert A. Kutschbach, of New York City, for appellant.
Herbert C. Smyth, of New York City, for respondent.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon the ground that the verdict is excessive, unless plaintiff stipulates to reduce the verdict to $10,000, in which event, the judgment, as so reduced, and the order appealed from, are affirmed, without costs.

I dissent, and vote for a reversal of the judgment and a new trial. I am of opinion that the verdict of the jury upon the ground that the defendant was negligent is not sustained by the evidence.