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Tocher v. Mason-Seaman Transp. Co.

142 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1913-07-25 English

Contents

Majority

p. 1147
TOCHER, Respondent, v. MASON-SEAMAN TRANSP. CO., Appellant, et al.
(Supreme Court, Appellate. Division, Second Department.
July 25, 1913.)

Headnote

Action by Margaret Tocher, as administratrix, etc., of John Sutherland, deceased, against the Mason-Seaman Transportation Company and another.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the recovery of damages to the sum of $4,500, with interest from April 6, 1912, in which event the judgment, as modified, and order, are unanimously affirmed, without costs.