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Rost v. Brooklyn Heights Railroad

45 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1897-06-08 English

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p. 1147
ROST, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
June 8, 1897.)

Headnote

Action by Clara Rost, an infant, etc., by Ernst Rost, her guardian ad litem, against the Brooklyn Heights Railroad Company.

No opinion. Judgment and order reversed, and new trial granted, costs to abide the event, unless the plaintiff within 20 days stipulates to .reduce the recovery of damages to $20,000 and- extra allowance proportionately. In that event, the judgment is so modified, and as modified affirmed, without costs of this appeal to either party. All concur, except GOODRICH, P. J., who dissents solely on the ground that the recovery, as thus reduced, is excessive. See 41 N. Y. Supp. 1069 , 1130.