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Parisot v. Brooklyn Heights Railroad

53 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1898-07-11 English

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p. 1110
PARISOT, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
July 11, 1898.)

Headnote

Action by Marie Parisot against the Brooklyn Heights Railroad Company.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulates to reduce recovery of damages to the sum of $7,000, and extra allowance proportionately, in which case the judgment as modified is unanimously affirmed, without costs of this appeal to either party. BARTLETT, J., dissents only as to the extent of the reduction of the recovery, which he thinks too great.