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MacKinstry v. New York Cent. R. Co.

152 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1915-05-05 English

Contents

Majority

p. 1125
MacKINSTRY, Respondent, v. NEW YORK CENT. R. CO., Appellant.
(Supreme Court, Appellate Division, Third Department.
May 5, 1915.)

Headnote

Action by Everett MacKinstry against the New York Central Railroad Company, successor to the New York Central & Hudson River Railroad Company.

Judgment and order reversed, and new trial granted, with costs to ap-pellant to abide event, on the ground that the damages are excessive, unless the plaintiff stipulates to reduce the verdict to §2,500; in case such stipulation is filed, the judgment is so modified, and, as modified, judgment and order affirmed, without costs.

HOWARD, J., votes for affirmance.