Hyperlawhypertext legal database Schouten v. Alpine 140 N.Y.S. 1144

← Cases

Schouten v. Alpine

140 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1913-02-28 English

Contents

Majority

p. 1144
SCHOUTEN, Respondent, v. ALPINE, Appellant.
(Supreme Court, Appellate Division, Second Department.
February 28, 1913.)

Headnote

Action by Lambert Schouten against John R. Alpine, as President, etc.

Judgment and order ( 77 Misc. Rep. 19 , 137 N. Y. Supp. 380 ) reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the amount of recovery by the sum of $150 on account of damages claimed for loss of work at 127th street and Broadway, in which event the judgment, as so reduced, and order, are affirmed, without costs.

JENKS, P. J., and CARR, J., vote to reverse for failure of plaintiff to offer sufficient evidence as to his damage.

Cases cited