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Chase v. Metropolitan Street Railway Co.

66 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1900-10-19 English

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p. 1128
CHASE, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
October 19, 1900.)

Headnote

Action by Harry W. Chase against the Metropolitan Street-Railway Company.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce recovery of damages to the sum of $1,000, and extra allowance proportionately, in which case the judgment, as modified, is unanimously affirmed, without costs of this appeal to either party.

HIRSCHBERG, J., dissents only as to the reduction.