Majority
p. 1120DEKKER v. RICHEY, BROWN & DONALD. (Supreme Court, Appellate Division, First Department. January 3, 1913.)
Headnote
Appeal
p. 1121
from Trial Term, New York County. Action by Lambert Dekker against' Richey, Brown & Donald. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Reversed, and new trial ordered, unless plaintiff accept a reduced amount, in which event the judgment is affirmed, as so modified. T. H. Lord, of New York City, for appellant. Henry Leon Slobodin, of New York City, for respondent.
The judgment and order should be reversed, and a new trial ordered, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the verdict to $3,500, in which event, judgment, as so modified, affirmed, and order affirmed, without costs; the reason being that in the opinion of the court the verdict as rendered must have been based upon a finding that the plaintiff suffered tuberculosis as a result of the accident, and, if the jury did so find, it was against the iveight of evidence. The other injuries were oot sufficiently severe, in the opinion of the court, to justify a larger recovery than the amount to which the judgment should be reducid as before indicated. Ordered accordingly.