← Cases

Pickert v. Batavia Rubber Co.

154 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1915-07-07 English

Contents

Majority

p. 1140
PICKERT, Respondent, v. BATAVIA RUBBER CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1915.)

Headnote

Action by John Pickert, Jr., an infant, etc., against the Batavia Rubber Company.

Judgment and order reversed, 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 $10,000 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 against the weight of the evidence and is excessive.