Hyperlawhypertext legal database Napiecek v. Crosstown St. Ry. Co. 143 N.Y.S. 1132

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Napiecek v. Crosstown St. Ry. Co.

143 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1913-10-15 English

Contents

Majority

p. 1132
NAPIECEK, Respondent, v. CROSSTOWN ST. RY. CO. OF BUFFALO, Appellant.
(Supreme Court, Appellate Division, Fourth Department
October 15, 1913.)

Headnote

Action by Julia Napiecek, as administratrix, etc., against the Drosstown Street Railway Company of Buffalo.

Judgment and order revers-

ed and new trial granted, with costs to appellant to abide event, unless the plaintiff shall, within 20 days, stipulate to reduce the verdict to the sum of $3,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. Held, that the verdict is excessive, and that improper and inflammatory remarks were made by plaintiff's counsel.