Weaver v. Traver — 154 N.Y.S. 1149

Majority

p. 1149

WEAVER, Respondent, v. TRAVER, Appellant.

(Supreme Court, Appellate Division, Third Department.

July 1, 1915.)

Headnote

Action by Jennie Weaver against Alvah H. Traver.

Judgment and order reversed on the ground of excessive damages, and new trial granted, with costs to appellant to abide the event, unless the plaintiff, within 20 days, 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, with costs.

SMITH', P. J., and WOODWARD, J., vote absolutely for reversal as against the weight of evidence.