Majority
p. 1126Agnes CONNOLLY, as Adm’x, etc., Respondent, v. CLAUSEN-FLANAGAN BREWERY, Appellant. (Supreme Court, Appellate Division, First Department. October 20, 1916.)
Headnote
Appeal from Trial Term, New York County. Action by Agnes Connolly, as administratrix, etc., against Glausen-Flanagan Brewery. From a judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial, defendant appeals. Judgment and order reversed, and new trial ordered, unless plaintiff stipulates to reduce the verdict to $3,000, in which event the judgment, as so modified, and the order, affirmed.On the authority of Schaffer v. Baker Transfer Co., 29 App. Div. 459 , 51 N. Y. Supp. 1092 , and Connaughton v. Sun Printing & Pub. Ass’n, 73 App. Div. 316 , 76 N Y. Supp. 755 , the judgment and order appealed from are reversed, and a new trial ordered, with costs to appellant to abide event, unless plaintiff stipulated to reduce the verdict to the sum of $3,000, in which event the judgment, as so reduced, and the order appealed from, are affirmed, without costs. Settle order on notice.