Nicholson v. Town of Stillwater — 146 N.Y.S. 1103

Majority

p. 1103

NICHOLSON, Respondent, v. TOWN OF STILLWATER, Appellant.

(Supreme Court, Appellate Division, Third Department.

March 4, 1914.)

Headnote

Action by Elizabeth M. Nicholson, as administratrix, etc., of William S. Nicholson, .deceased, against the Town of Stillwater.

Judgment and order reversed on law and facts, and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the verdict to $15,-000, in which case judgment may be so modified, and, as so modified, judgment and order affirmed, without costs. The court finds that the damages to the plaintiff did not exceed the sum of $15,000, and disapproves of the finding of fact as to damages in excess thereof. See, also, 150 App. Div. 896 , 134 N. Y. S. 1140 ; 208 N. Y. 203 , 101 N. E. 858 .

KELLOGG, J., votes for reversal absolutely.

Cases cited

Nicholson v. Town of Stillwater 208 N. Y. 203 N.Y. 1913-04-22 p. 1103